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Jurisprudence

You will find here a selection of decisions of the French Courts, of the European patent Office (EPO) and of the European Union Intellectual property Office(EUIPO). Various teams of CASALONGA were involved in some of the cases handled. Other cases are quoted here in view of their particular importance.

2017-04-28

EUIPO - Vlees & Vleeswaren Campens v/Sema Nur Turan


The Belgian company Vlees & Vleeswaren Campens was represented by Marianne Gabriel, attorney at law and Klervi Henry, attorney at law.

Issue:

  • - Demonstrating the likelihood of confusion between the applied for complex sign and an earlier mark, also complex, composed of numerous verbal and figurative elements.
Vlees & Vleeswaren Campens opposed the European Union trademark application on the basis of its earlier mark . Whereas the conflicting signs present many differences, (...)
2017-03-22

EPO - Arkema France v/ Evonik Degussa GmbH & EMS-Patent AG


The patentee, Arkema France, was represented by Véronique CREST, European patent attorney. The decision of the Board of Appeal is totally favorable to the patentee and maintains the patent as granted.

Two oppositions were directed against the European patent EP 2 098 365 of the company Arkema France.

The grounds of lack of novelty and lack of inventive step were raised against the claimed invention.

The invention relates to a multilayer structure comprising at least two layers: - a layer, referred to as the inner layer, intended to be in contact with a fluid, constituted (...)
2017-02-16

EPO - Arkema France v/ Evonik Römh GmbH


The patentee, Arkema France, was represented by Véronique CREST, European patent attorney. The decision of the Board of Appeal is favorable to the patentee and maintains the patent as amended, according to the main request.

The opposition was directed against the European patent EP 1 910 464 in the name of Arkema France on the basis of inadmissible extension of the subject-matter, lack of sufficiency, lack of novelty and lack of inventive step.

The invention relates to a acrylic multilayer composition comprising from the outside in: - an outer layer comprising an acrylic polymer matrix and from 5 to 60% by weight of (...)
2017-01-27

French Patent Office - Worldwide Pants Incorporated v/Monsieur Mustapha E.


The US company Worldwide Pants Incorporated was represented by Karina Dimidjian-Lecomte, attorney at law, assisted by Klervi Henry, attorney at law.

Issue :

  • - Recognition of a well-known mark within the meaning of Article 6bis of the Paris Convention;
  • - Evidencing the reputation of this non-registered trademark.
Worldwide Pants opposed the French trademark application for LATE SHOW filed by Mr. Mustapha to designate television services. It was the first opposition in France based on (...)