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Jurisprudence

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

EPO - Arkema France v/ Evonik Degussa 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 granted.

The opposition was directed against European patent EP 1 342 754 on the grounds of lack of novelty and inventive step. In the decision, the Opposition Division rejected the opposition, decision against which the opponent lodged an appeal.

The invention relates to the use of a composition comprising at least one specific polyamide, at least one plasticizer, at least one specific elastomer as a sealing layer in a (...)

EPO - Takeda Pharmaceutical Company Ltd. v/ Laboratorios Cinfa & Teva Pharmaceutical Industries

The Appellant, Takeda Pharmaceutical Company Ltd., was represented by Gérard Dossmann, European Patent Attorney.

The patent concerns a combination treatment of diabetes containing pioglitazone and glimepiride (brand name: DUETACT®). The Opponents objected: - Added matter of the (...)

EPO - JEAN CHEREAU SAS v/ SCHMITZ CARGOBULL AG

The patentee, Jean Chereau SAS, was represented by Julien Thon, European Patent Attorney. The decision of the Opposition Division is entirely favorable to the patentee and maintains the patent as granted.

The company Schmitz Cargobull formed opposition against European Patent No. 2 412 613 of Jean Chereau SAS on the basis of lack of disclosure, novelty and inventive step. The (...)

Cour de cassation - ANPAA c/ CIVB

Les enjeux : quelles sont les limites de la publicité relative aux boissons alcoolisées au regard des dispositions du Code de la Santé Publique ?

Le Comité Interprofessionnel des Vins de Bordeaux (CIVB) a réalisé une campagne promotionnelle des vins de Bordeaux sous le nom de « Portraits de vignerons ». Cette campagne (...)

Paris 1st Instance Court - HUMEAU BEAUPREAU v/ CARREFOUR

The HUMEAU-BEAUPREAU Company was represented by Arnaud CASALONGA, Attorney at law, assisted by Jean-Louis LACROIX and Audrey DANEL, Attorneys at law.

In light of a considerable expansion in the commercialization of counterfeits of the famous Méduse™ beach sandal brand, an iconic and symbolic French accessory, the French (...)

Paris Court of Appeal - HASBRO v/ Monsieur G.

The Hasbro companies were represented by Arnaud Casalonga and Marianne Gabriel Attorneys at Law.

The Hasbro companies, which are the exclusive licensee and user of the semi-figurative trademark “BEYBLADE METAL FUSION”, as well as registered community designs of spinning (...)

Paris 1st Instance Court - Miss Emmanuelle VILLANEAU v/ AGENCE P

Miss Emmanuelle Villaneau was represented by Caroline Casalonga, Attorney at Law, assisted by Pascaline Vincent, Attorney at Law.

In this case, our client, Ms Emmanuelle Villaneau, interior architect, had designed the visual identity of the real estate agency Agence P. including trade name, logotype, (...)

Paris First Instance Court - BNP PARIBAS v/ MYBEE

The BNP Paribas company was represented by Marianne Gabriel, Attorney at Law.

BNP Paribas was sued by the Mybee company which considered that the filing and use of the sign “MYB’S”, to designate bank cards, would infringe the semi-figurative mark “MyBee (...)

Paris 1st Instance Court - S.A. AEROPORTS DE PARIS v/ S.A. MR. BRICOLAGE

The company MR BRICOLAGE was represented by Caroline Casalonga, Attorney at Law and Pascaline Vincent Attorney at Law.

In this case, the company MR. BRICOLAGE contacted the company AEROPORTS DE PARIS ("ADP") in order to inform it of its intention to use the term “ENTRE VOISINS” (i.e. “between (...)

General Court of the European Union - Red Bull GmbH v/ OHIM

The marks BULL and RED BULL are similar to BULLDOG

Red Bull opposed a Community trademark application for BULLDOG (word mark) claiming protection for “mineral and aerated waters; energy drinks; isotonic drinks; (non-alcoholic) (...)

Paris High Court - Mr X... and FRANCE TRADING v/ PARIS WEAR DIFFUSION

I Paris

The French High Court (Commercial Chamber of the Court of Cassation) confirmed in its recent decision of January 6, 2015, the Paris Court of Appeal’s decision cancelling (...)