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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.

2024-03-22

Paris Court of Appeal - SA REFLECTIV v/ SA LEROY MERLIN, SAS ALLDIFFUSION

LEROY MERLIN was represented by Arnaud CASALONGA, assisted by Juliette DIONSI, attorneys-at-law.

In a judgement issued on February 21st, 2022, the Paris Commercial Court found LEROY MERLIN and its supplier and manufacturer ALLDIFFUSION guilty of unfair competition after REFLECTIV, which had been dereferenced by LEROY MERLIN, accused them of having copied the new packaging for its adhesive window films, which included a graphic charter, color codes, an installation kit, and an instructions manual.

The Court, however, dismissed REFLECTIV’s claims based on parasitism and ordered ALLDIFFUSION, which was declared to be in court-ordered liquidation to indemnify LEROY MERLIN against all liability.

REFLECTIV appealed against the judgement and LEROY MERLIN cross appealed.

On March 22nd, 2024, the Paris Court of Appeal rejected all REFLECTIV’s claims concerning both unfair competition (judgement overturned) and parasitism (judgement upheld).

The issues were essential because REFLECTIV was demanding over 200,000 euros in provisional damages, and LEROY MERLIN could no longer be financially upheld contractually by (...)