A must-read ruling for intellectual property litigation specialists

A ruling not to be missed by intellectual property litigation specialists: the pre-trial judge at the Paris Judicial Court has confirmed the effectiveness of interim measures as a strategic weapon against counterfeiting.

In an order dated 9 July 2026, the pre-trial judge at the Paris Judicial Court issued a series of particularly significant interim measures against the fast-fashion platform Shein, as part of the proceedings brought by Lacoste.

Having noted the reputation of Lacoste’s French and European brands, the judge found:

• that there was a likelihood of infringement by imitation, given the marketing of 11 items bearing signs representing stylised crocodiles;
• the likelihood of acts of free-riding, as Shein appears to have positioned itself in the economic wake of the crocodile brand in order to capitalise on its reputation and investments.

The judge also took into account a decisive factor: the existence of a serious risk of a repeat of the infringements, even though a previous court ruling of 3 April 2025 had already prohibited Shein from certain disputed uses.

In this context, the pre-trial judge ordered, on a provisional basis and across the entire territory of the European Union, particularly dissuasive measures, including:

• a ban on the use of any sign depicting a crocodile for the duration of the proceedings;
• an obligation to publish the decision on the homepage of Shein’s website and apps for one month, in order to inform consumers and prevent further aggravation of the harm alleged by Lacoste.

The judge also awarded Lacoste an interim payment of €110,000, reflecting the sufficiently plausible nature of the infringements alleged.

Expert’s view

For trade mark owners facing large-scale online retailers, it is strategic to demand the implementation of detection, filtering and blocking mechanisms to prevent the reappearance of infringing content in modified forms.

This order highlights the usefulness of the pre-trial judge as a lever. Often perceived as a mere procedural stage, the pre-trial phase can become a real asset for obtaining, even before the judgment on the merits, injunctions, court notices, investigative measures or the award of substantial interim payments.

At FIRSH, we use this approach as a strategic tool for protecting IP rights. By proactively utilising the powers of the pre-trial judge, we help our clients achieve tangible results from the very earliest stages of litigation: the swift cessation of infringements, immediate economic pressure on infringers and the strengthening of their position before the merits of the case are examined.