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The Supreme Court has upheld the validity and enforceability of a bilateral option clause which gave both parties the option to resolve their dispute by way of arbitration or through domestic courts. While this decision clarifies the French courts' position regarding bilateral option clauses, it raises concerns as to the validity of sole option clauses.
The Paris Tribunal of First Instance has ruled that while a domain name can constitute a prior right which can be opposed to a future trademark application, the domain name in question actually needs to be used and not merely registered. The decision confirms prior (although scarce) decisions from the French courts and highlights the need to register domain names and trademarks quickly.
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