The Lab
Legal innovation at the service of our clients
What is the Lab?
The FAJGENBAUM Lab is a legal research and development space designed to face tomorrow’s challenges. In response to technological, economic, and legislative changes, the Firm develops innovative strategies to anticipate, support, and guide new practices in intellectual property law, competition law, sports law, and artificial intelligence law.
With a multidisciplinary and pragmatic approach, our teams design innovative legal solutions adapted to market developments and our clients’ specific needs and expectations.
The Lab's case study
Prestige Replica case: Fighting against counterfeiting
The issue: A major player in the luxury watch industry was confronted with the activities of an international, organized network of counterfeiters who were accurately replicating the characteristics of authentic models, including their serial numbers (“duplicates”).
Action: FAJGENBAUM defended the trademark rights of its client, a luxury watchmaker and civil party to the proceedings, before the criminal courts.
Impact: The Paris Criminal Court handed down prison sentences and substantial customs fines, and awarded damages amounting to several million euros.
Online sports betting: Recognition of organizers' rights
Issue: Could sports competition organizers claim exploitation rights over bets placed on their events against online sports betting operators, even though this prerogative was not expressly mentioned in Article L.333-1 of the French Sports Code?
Action: FAJGENBAUM represented the French Tennis Federation in a major litigation procedure against an online sports betting operator and obtained its conviction for organizing bets on Roland-Garros matches without the federation’s authorization.
Impact: This court victory (CA Paris, October 14, 2009), mentioned in parliamentary works, led to the adoption of Law No. 201-476 of May 12, 2010. The commercial operation of sports betting in France is now governed by the provisions of Article L.333-1-1 of the French Sports Code, under the supervision of the National Gaming Authority (formerly ARJEL).
Olympic brands: Unique protection, enshrined in law
Issue: How can the French National Olympic and Sports Committee be guaranteed total exclusivity over the use of Olympic Properties in the face of attempts at commercial usurpation?
Action: Since 1988, FAJGENBAUM has defended Olympic Properties, the only trademarks directly recognized and protected by French law (French Sports Code, Art. L.141-5), before both civil and criminal courts. The decisions it has obtained, all in favor of the Olympic Movement, are cited in parliamentary works.
Impact: Through the Firm’s actions, the protection of Olympic Properties has been reinforced by Law 2018-202 of March 26, 2018, and then by Law 2022-296 of March 2, 2022. The protected signs are thus regularly endorsed by the legislature, and the Olympic Committee’s control over their use is consolidated.
Ticket fraud: A major legal precedent
Issue: How to combat the unauthorized resale of tickets for a major sporting event?
Action: FAJGENBAUM defended the interests of GIP France 2023 and obtained an unprecedented decision from the Paris Court of Justice, which prohibited the unauthorized worldwide resale of tickets by a platform operating on the secondary market.
Impact: This decision, obtained in accelerated proceedings, marks a turning point for the protection of event organizers. The case is currently under appeal.
Ambush marketing: A consolidated legal framework
Issue: Brands that are not partners of major sporting events sometimes engage in parasitic communication strategies (ambush) that are likely to sabotage the marketing programs of sports event organizers.
Action: Since 1988, FAJGENBAUM has developed and secured legal recognition of the concept of ambush marketing through landmark decisions obtained in civil and criminal courts.
Impact: The Firm has played a central role in legal doctrine on this subject and has contributed to the establishment of a robust legal framework. It is also the author of reference publications: papers Marques sportives et droit (LexisNexis, 2023) and Glossaire juridique des droits du stade (Dalloz, 2024).