What are your chances of success in a trademark infringement action? What risks does an earlier trademark represent for the choice of a new product name or trademark? These are the questions which companies ask themselves daily. In order to provide them with the most precise answer possible, De Gaulle Fleurance & Associés launched LitiMark®, in partnership with Case Law Analytics, an artificial intelligence tool designed to quantify the legal uncertainty involved in trademark infringement litigation in France.
This litigation risk analysis tool is based on an in-depth study of several hundred French court decisions in this area, analyzed by De Gaulle Fleurance & Associés. Thanks to an artificial intelligence (AI) engine developed by Case Law Analytics, this tool simulates the analysis of judges confronted with a given situation and evaluates the meaning of the decisions the judges may render.
From a practical standpoint, the LitiMark® user enters the criteria that corresponds to his litigation situation (sector of activity, court before which the action is filed, similarities between trademarks, identity or similarity between the goods and services, etc.). The AI then calculates the probability that the decision rendered will be in favor of the plaintiff or the defendant and evaluates the amount of damages that could be awarded to the plaintiff.
LitiMark® thus provides economic operators with an additional decision-making tool, which enhances and objectifies their analysis, alongside the advice and recommendations that expert lawyers can give them in this type of litigation.
“Thanks to this partnership with Case Law Analytics, we are delighted to be able to offer an innovative service to our clients” comments Julien Horn, partner at De Gaulle Fleurance & Associés. “The artificial intelligence of LitiMark® makes it possible to quantify the legal uncertainty involved in a trademark infringement litigation, providing companies with a valuable tool to fine-tune their strategy and anticipate their risk in the most objective way possible “.
“Solutions such as LitiMark® are a natural extension of the tools already used by the legal profession in a world where mathematical modeling is growing in importance”, says Jacques Lévy Véhel, founder of Case Law Analytics, PhD in mathematics and former director of research at INRIA.
“We are pleased to have benefited from the expertise of De Gaulle Fleurance & Associés, which was amongst the first to understand how to take advantage of these technologies”.
Discover LitiMark® : https://www.caselawanalytics.com/contact/
Created in 2017, Case Law Analytics is made up of twenty employees, mainly mathematicians and lawyers. The result of 10 years of research in the field of risk assessment at INRIA and a longstanding partnership between a judge and a doctor of mathematics, the startup has developed a unique technology based on probability models. With the help of a generator of court decisions created by artificial intelligence, it makes it possible to answer the recurrent questions: “If I go to trial, will I win and for how much? “. Whereas so-called “predictive” justice platforms produce statistical averages based on past decisions, using a handful of criteria (5 to 8 maximum), Case Law Analytics can model court decisions by considering all the characteristics of a given case. Its fields of application are multiple: trademark law, employment law, securities law, commercial law, public law, family law. In addition to the prize of the Editions Lefèbvre Sarrut competition, in partnership with Le Village by CA, Case Law Analytics was awarded the 10,000 Startups to Change the World in 2019 for the Greater West in the “Deep Tech Data” category, the Legal Tech 2018 Village prize and was selected as one of the “100 Startups to Invest in 2018” by Challenges magazine. Investors include Allianz, Siparex, as well as the investment funds of INRIA and the National Chamber of Commissioners of Justice.
De Gaulle Fleurance & Associés has developed an important and recognized practice in all branches of intellectual property law and in particular trademark law. The law firm assists its French and foreign clients in the creation, use and protection of their intellectual property assets in the most varied sectors.
Regularly rewarded for their practice (2020 Gold Trophy for the best trademark law firm; Legal 500 EMEA 2020 – Tier 1 in trademark law), the company’s lawyers and attorneys are clearly result-oriented with a high level of demand, creativity and determination that ensures them a great deal of success. In 2018-2019, out of all the opposition proceedings initiated against trademark applications before the French and European offices, De Gaulle Fleurance & Associés achieved a success rate of 90% (whereas the average success rate is less than 60% for this type of proceedings).
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 National Research Institute in Computing and Automation