EditorsAbout the SiteComes vs. MicrosoftUsing This Web SiteSite ArchivesCredibility IndexOOXMLOpenDocumentPatentsNovellNews DigestSite NewsRSS

12.21.15

Battistelli’s Furious Love Affair With French Power: Part V

Posted in Europe, Patents, Rumour at 6:10 am by Dr. Roy Schestowitz

Wine

Summary: Allegations that Mr. Battistelli “traveled from Paris to Bordeaux to meet the party (Rothschild) to whom he granted this decision in order to help them to defend their case”

Benoît Battistelli’s EPO scandals are not necessarily his first. In the first, second, third and fourth part of this series (together with the teaser) we delved into Battistelli’s history in France, including his days in INPI and Ecole nationale d’administration. The early parts focused on Christine Lagarde and her close ties to Baroness Philippine de Rothschild, a large player in the French wine industry. The case of “Mouton Rothschild vs. Mouton” is therefore worth (re)visiting today. It’s not some obscure case as a lot has been written about it.

As background, we suggest the following readings.

Press reports – English

Press reports – French

There is of course a lot more, but that’s just a sample and a form of background.

“The comment on the French blog site was by a pseudonymous poster called “Mouton Noir” and it relates to an alleged intervention by Battistelli in a trademark dispute being conducted by the Rothschild Group.”We now return to the case of “Mouton Rothschild vs. Mouton” and its relevance to us. For the moment all we have is an allegation that Battistelli in his then role of Director-General of the French National Intellectual Property Office (INPI) made an inappropriate intervention on behalf of Baroness Philippine de Rothschild and Chateau Mouton Rothschild in order to advise them on how best to defend their business interests in the trademark dispute with “Domaine Mouton” (Laurent Mouton).

So far we don’t have any hard evidence to back this up. However, based on the available evidence of connections between Lagarde and Baroness Philippine de Rothschild (covered in previous parts) and the fact that Largarde was Battistelli’s political boss at the time, the allegation seems plausible. In other words, the hypothesis that Largarde could have instructed Battistelli to give advice to Mouton Rothschild to help them out in a trademark dispute doesn’t appear to be completely off-the-wall. But we would like to emphasise that so far we don’t have any ‘smoking gun’ to prove that this actually happened. What we do have are the following comments and some contact/connection details. For readers’ information we will leave some leads to facilitate further investigation, overlapping our own work/investigation.

“It would appear from this that, in his capacity as Director-General of the INPI, Battistelli may have improperly intervened to assist the Rothschild Group in defending its claims to certain disputed trademarks.”We are currently investigating an allegation that Mr. Battistelli may have committed serious misconduct in his capacity as Director-General of the French National Intellectual Property Office (INPI) in a matter concerning the above dispute about trademarks in the French wine industry.

The investigation was triggered by a comment that was posted on the IP Kat site back in October. The IP Kat comment refers back to a comment posted on a French blog site in 2010 in response to a blog entry where a patent applicant was complaining about his treatment by the INPI. The comment on the French blog site was by a pseudonymous poster called “Mouton Noir” and it relates to an alleged intervention by Battistelli in a trademark dispute being conducted by the Rothschild Group.

The original comment in French reads as follows:

Bonjour,

je voulais apporter de l’eau à votre moulin.

Savez-vous que monsieur Benoît Battistelli est un élu UMP à St germain en laye ? Et qu’il est très apprécié de Christine Lagarde ?

Savez-vous aussi qu’étant impartial, quand il y a un recours contre sa décision, il fait le déplacement de Paris jusqu’à Bordeaux pour rencontrer la partie (les Rothschild) à qui il a donné raison et ce afin de l’aider à se défendre…

Toujours étant impartial, il renouvelle sans problème la marque Mouton Noir (des Rothschild) en 2000 et 2010 alors qu’il transmet parallèlement à la Cour la preuve que cette marque est annulée depuis… 1996. (confirmé en 2007 par la Cour de Cassation).

La Cour qui a confirmé en 1998 l’annulation de cette marque arrive pourtant aujourd’hui a reconnaître que cette marque est notoire et elle rejette l’argument selon lequel cette prétendue notoriété est illégale donc inopposable… Conclusion ????

Etonnant non ?

Si ça peut vous aider, vous pouvez toujours me contacter

Écrit par : MOUTON NOIR | 06/12/2010

Rough translation into English (with emphasis):

Hello,

I wanted to add some grist to your mill.

Do you know that Mr. Benoît Battistelli is an elected member of the UMP political party in St Germain en Laye?

And he is very much appreciated by Christine Lagarde?

Do you also know that being impartial, when there was an appeal against his decision, he traveled from Paris to Bordeaux to meet the party (Rothschild) to whom he granted this decision in order to help them to defend their case …

Always being impartial, he renewed the trademark “Mouton Noir” (Rothschild) in 2000 and 2010 without any problem while at the same time passing to the Court evidence that that trademark had been revoked since … 1996 (confirmed by the Court of Cassation in 2007).

The Court which confirmed the revocation of that trademark in 1998 now however decides to recognise that this mark is notorious and it rejects the argument that the claimed notoriety is unlawful and therefore unenforceable. … Conclusion … ????

It’s amazing isn’t it?

If it helps you, you can contact me any time.

Written by: MOUTON NOIR | 06/12/2010

It would appear from this that, in his capacity as Director-General of the INPI, Battistelli may have improperly intervened to assist the Rothschild Group in defending its claims to certain disputed trademarks.

“They submitted a demand for €410,000 in damages plus interest and also requested him to desist from using the family name “Mouton” on his wines.”We researched a bit further and it is reasonable to think that this allegation may indeed relate to the famous “Mouton vs. Mouton” case which got a lot of press coverage in France and was also covered in the UK. (Note: List of press articles in English and French have been prepended above)

The Domain[e] Mouton is a family-run vineyard located in Burgundy and is currently managed by Laurent Mouton who took over from his father Gérard in 2002. In 2013, Laurent Mouton found himself confronted with legal action from the Philipe de Rothschild Group and Rothschild SA. They submitted a demand for €410,000 in damages plus interest and also requested him to desist from using the family name “Mouton” on his wines. According to press reports from 2014, Laurent was defiant and intended to fight his corner.

“Along our efforts to corroborate we did find additional comments about the alleged connection.”We don’t have any more information at the moment, but our investigations are continuing. We ask readers for help in the form of any leads or other information of interest. None of the press reports below mention the alleged Battistelli intervention on behalf of the Rothschild Group, but we are trying to find out if there is any substance to these allegations. We have attempted to find out if Benoît Battistelli ever publicly commented on this, but came out empty-handed. We could not show direct connections between the Philipe de Rothschild Group and Battistelli, either, but maybe other people out there can produce some evidence we’re not aware of.

Along our efforts to corroborate we did find additional comments about the alleged connection. To quote one of them:

“The Dutch judgment was against the European Patent ORGANISATION, not against the Office. As such, Battistelli has no authority to decide what to do about the judgment – the Administrative Council must do that.

Has he once more overstepped the mark, as he did with the DG 3 house ban?”

Well spotted!

And once again someone – this time a Dutch Minister – has moved quickly to cover for him.

The man has friends in high places.

To find out more, if you can read French, Google “INPI et les Faux et usage de Faux”.

Scroll down the page and study the comments by “MOUTON NOIR” to see how well-connected BB is.

Thursday, 26 February 2015 at 10:17:00 GMT

It would be useful to get more than Internet gossip about it. This sounds a lot like the case of Rikard Frgačić and Željko Topić [1, 2, 3, 4], with Lufthansa trademarks being reassigned under highly controversial circumstances (it was still not a closed case the last time we checked and spoke to Frgačić over the phone).

The Benoit Battistelli “Mouton” story, like the Frgačić-Topić-Lufthansa story, misses hard evidence of intervention between the head of the local IP office and the very affluent stakeholder. We look forward to hearing from readers or errant observers.

Share this post: These icons link to social bookmarking sites where readers can share and discover new web pages.
  • Digg
  • del.icio.us
  • Reddit
  • co.mments
  • DZone
  • email
  • Google Bookmarks
  • LinkedIn
  • NewsVine
  • Print
  • Technorati
  • TwitThis
  • Facebook

If you liked this post, consider subscribing to the RSS feed or join us now at the IRC channels.

Pages that cross-reference this one

What Else is New


  1. Understanding Thierry Breton: “Rhodiagate” and the Vivendi Universal Affair

    When the "Rhodia affair" became the "Breton affair"



  2. Links 18/11/2019: Last Linux RC, OSMC Updated

    Links for the day



  3. What GitHub is to Open Source

    Lots of prisoners inside GitHub



  4. Openwashing Institutionalised NPEs (OIN) and Software Patents With Notorious Managers From the EPO

    There’s a strong push for software patents in Europe (basically fake European Patents on abstract ideas) and IAM leads/participates in it with help from OIN, Grant Philpott (EPO) and — maybe soon — Breton (EU)



  5. IRC Proceedings: Sunday, November 17, 2019

    IRC logs for Sunday, November 17, 2019



  6. Links 17/11/2019: Slax Beta and Arch Conf 2019 Report





  7. Understanding Thierry Breton: The “Cost-Killer” Tries to Tame the National Debt

    The oligarchic policy of Thierry Breton at Bercy



  8. Reactions to Last Week's Thierry Breton Hearing

    Nobody is particularly impressed by Thierry Breton except those who know little about him (and he contributes to this lack of knowledge by obstructing, omitting, and misleading)



  9. The Open Invention Network Has Become a Guard Dog of (Some) Patent Trolls and It Misrepresents Us Under the Guise of 'Open Source'

    The Open Invention Network (OIN), in collaboration with Fraunhöfer, is promoting software patents and all sorts of other nonsense as part of ‘open’ standards in a new paper sponsored by the EU and edited by the former EPO Chief Economist Nikolaus Thumm (not Battistelli's choice); this is another reminder of the fact that OIN misrepresents Free/Open Source software (FOSS) developers and their interests



  10. IRC Proceedings: Saturday, November 16, 2019

    IRC logs for Saturday, November 16, 2019



  11. Unitary Patent is Dead Partly Because the EPO Demonstrated That EPC is Being Routinely Violated, Illegal Patents Granted

    Some elements of Team UPC have given up, whereas others try to push the lie that Unitary Patent/Unified Patent Court (UPC) is not an EU thing and that therefore everything is fine



  12. USPTO Rewards Microsoft for Corruption at ISO by Teaching People Proprietary OOXML and Promoting Its Use

    The world's most important patent office promotes Microsoft lock-in, revealing not only corporate bias but also highlighting ways in which Microsoft crimes continue to pay off



  13. No, Startpage is Not Dutch Anymore

    Startpage is still clinging onto perceptions rather than truths; it means that Startpage isn't just betraying privacy but it's also dishonest and untrustworthy



  14. Understanding Thierry Breton: Chirac's Entrepreneurial “Joker”

    Minister in charge of the public treasury was not a career politician but an “entrepreneur” with a proven track-record as a financial wizard and “cost-killer”



  15. Links 16/11/2019: New Debian Release, Wine staging 4.20

    Links for the day



  16. IRC Proceedings: Friday, November 15, 2019

    IRC logs for Friday, November 15, 2019



  17. Microsoft Doesn't Love Linux, It Just Buys Linux

    Microsoft's takeover or abduction of its opposition's voice isn't an act of love but an act of occupation, a hostile colonisation that enables digital pillage and plunder



  18. Koch's Reply to EPO Through ILO and Techrights' Interpretation of Koch v EPO Documents Help Show That ILO-AT is Played by EPO Management

    Sending cases back and forth, without the complainant being involved, means that justice is in eternal ‘limbo’ and thus the abusive management of the European Patent Office (EPO) — first Team Battistelli and now Team Campinos — can get away with anything the bullies do (no judgment of substance being delivered)



  19. EPO Running ILO's Tribunal (ILO-AT) 'in a Loop' to Perpetually Delay and Drain the EPO's Complainants (Aggrieved Staff) Out of Money

    ILO’s Administrative Tribunal — a court for aggrieved EPO staff and other international organisations’ staff (usually known as ILO-AT for short) — is a major farce; when “time is money” and lawyers charge as much as 400 euros an hour the EPO’s management can exploit/misuse its cash reserves to also game justice and buy legal outcomes



  20. ILO is Not Functioning and ILO-AT Helps the Abusive Management of the European Patent Office

    It is becoming increasingly clear, based for example on Koch v EPO, that ILO-AT is where a lot of money will be spent on lawyers and rarely will that result in real justice (but it certainly helps EPO management pretend that staff has safeguards)



  21. Links 16/11/2019: Wine 4.20, Picolibc 1.1

    Links for the day



  22. Understanding Thierry Breton: Moral Responsibility for “a Capitalism That Kills”?

    "...France Télécom which had previously been defined by an ethos of public service, by egalitarian working conditions and by a sense of universal mission, had now been transformed into a "cash machine” whose sole purpose was to generate shareholder value on international financial markets."



  23. FOSSPatents Conference is Against FOSS, Promoting the FOSS-Hostile Construct Known as RAND or FRAND

    Do not be misled by the term Free/Open Source software (FOSS) in the name FOSSPatents and whatever relates to it (e.g. FOSSPatents Conference); it's not about FOSS but against FOSS, or pro-FRAND



  24. Europe is Under Attack

    European politicians or political candidates pretend to be 'candid'; but they're agents of Power, or put another way, they're there to make the rich and powerful class even richer and more powerful by passing new, ruinous laws in the name of 'the people' or 'for SMEs'



  25. Links 15/11/2019: New Opera and Brave, GNU/Linux Flatpa(c)ked

    Links for the day



  26. IRC Proceedings: Thursday, November 14, 2019

    IRC logs for Thursday, November 14, 2019



  27. Understanding Thierry Breton: Toxic Management Goes on Trial in France

    "In each of these cases, the suicide served as a symbolic act of protest to denounce workplace conditions at France Télécom and attract public attention to its practices."



  28. Thierry Breton's Video/Live Grilling is Over, But the Grilling Continues Online

    Elite politicians aren't reluctant to give Thierry Breton the high seat (or throne); but everyone else realises that this resembles a corporate takeover more than anything



  29. The EPO's Low Patent Quality is Not Just Suicidal; It is Illegal

    With help from the besieged Boards of Appeal (BoAs), which complain that they can no longer judge cases (appeals/referrals) autonomously and independently, the Office in Munich continues to grossly violate the EPC and mimic China's ridiculously low patent bar, which even formally permits patents on algorithms



  30. Links 14/11/2019: Mesa 19.2.4 and GCC 7.5 Released

    Links for the day


RSS 64x64RSS Feed: subscribe to the RSS feed for regular updates

Home iconSite Wiki: You can improve this site by helping the extension of the site's content

Home iconSite Home: Background about the site and some key features in the front page

Chat iconIRC Channel: Come and chat with us in real time

Recent Posts