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Case Law

Here you will find a selection of decisions from French and European courts, authorities, and offices. Various teams at CASALONGA were involved in some of the cases handled. Other cases are mentioned here due to their particular importance

30 June 2017

Paris Court of Appeal - CLINIQUE LABORATORIES LLC v/ WB TECHNOLOGIES S.A.S

The company WB TECHNOLOGIES (WB T) was represented by Caroline CASALONGA, Attorney at law and Marianne GABRIEL, Attorney at law.

In this case, the company CLINIQUE LABORATORIES LLC (CLINIQUE) lodged an appeal against the opposition decision issued by the Director of the INPI rejecting the opposition (…)

28 April 2017

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, (…)

29 March 2017

Paris Appeal Court - JUGUETES CAYRO S.L. v/GOLIATH B.V.

The company JUGUETES CAYRO S.L. was represented, in defence, by Caroline CASALONGA, Attorney at law, assisted by Pascaline VINCENT, Attorney at law. Issues: - Prohibition measures on the toy market- Important financial consequences

In this case, GOLIATH BV lodged an appeal against the judgment of the Paris Commercial Court of 25 June 2014, which dismissed its claims for unfair competition and parasitism (…)

22 March 2017

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 (…)

21 March 2017

SYRELI - AFNIC - STADA Arzneimittel AG v/ Monsieur K.

The company STADA Arzneimittel AG was represented by Caroline Casalonga, Attorney at Law, assisted by Edouard Becker, Attorney at Law.

The company STADA Arzneimittel AG, which owns several trademarks "STADA" and the domain name <stada.com> , was informed of the reservation of the domain name (…)

16 February 2017

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 a (…)

27 January 2017

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 (…)