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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

13 December 2016

Fort de France 1st Instance Court - M. Gontran Rupaire v/ Société DENEL confitures et jus de fruits tropicaux S.A.S.

The company DENEL SAS was represented, in defence by Caroline CASALONGA, Attorney at law, assisted by Pascaline VINCENT, Attorney at law. Issues: - Protection of the Caribbean culinary heritage- Prohibition measures

In this case, Mr. Marcel Rupaire, a beekeeper, brought an infringement against DENEL on the ground of its French tardemarks DOUCELETTE, signs registered as word and (…)

2 December 2016

Paris 1st Instance Court - Pfizer Limited & others v/ Biogaran, Sanofi et others

BIOGARAN was represented by Marianne Gabriel, attorney at law. SANOFI was represented by Arnaud Casalonga, attorney at law, assisted by Floriane Codevelle, attorney at law. Gérard Dossmann, French and European Patent Attorney, assisted them. This is the first case of skinny labeling in France. Issues: - Prohibition and immediate recall of products- Closing of the generic market- Huge financial consequences

In that case, Pfizer initially filed a patent on the pregabalin compound, which expired in 2013, and a patent for a second therapeutic application in 1997, for the use of (…)

8 November 2016

EUIPO - CBS Studios Inc. v/ Baidu Online Network Technology (Beijing) Co., Ltd.

CBS STUDIOS Inc. (hereinafter "CBS") was represented by Ms. Karina Dimidjian-Lecomte, Attorney, and Ms. Cristina Bercial, Attorney, assisted by Ms. Klervi Henry, Attorney.

CBS is the owner of the famous shield design mark, notably registered in the United Kingdom under n°2 621 228 for services in Classes 38 and 41 In February 2015, the Chinese (…)

21 October 2016

EPO - L’ORÉAL v/ Henkel AG & CO. KGAA and Kao Germany GmbH

The patentee L'Oréal 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 1 757 328 on the basis of the extension of the subject-matter, lack of novelty and lack of inventive step. The (…)

3 October 2016

EUIPO - RENAULT SAS v/ AL ASWAR AUTO SPARE PARTS TRADING CO.

RENAULT SAS was represented by Cristina Bercial-Chaumier, Attorney at law assisted by Marie Pusel, French and European Trademark Attorney.

The matter opposed RENAULT SAS against AL ASWAR AUTO SPARE PARTS TRADING CO. RENAULT filed an invalidity action against Al Aswar’s EUTM Registration. The marks involved were (…)

27 September 2016

EPO - L’Oréal v/ Henkel AG & CO. KGAA & Kao Germany GmbH

The patentee, L'Oréal 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 the European patent EP 1 757 327 of the company L'Oréal on the basis of inadmissible extension of the subject-matter, insufficiency, lack of novelty and lack of inventive step.

The invention relates to a ready-to-use oxidizing composition for treating keratin materials, in particular the hair, comprising three specific compounds. The main objective (…)

25 August 2016

EUIPO - DALTREY FUNDING LP v/ MEGA Spielgeräte Entwicklungs- und Vertriebsgesellschaft mbH & Co. KG

The company DALTREY FUNDING LP, in application in this proceeding and on appeal, before the EUIPO, was represented by Karina Dimidjian-Lecomte, attorney at law assisted by Klervi Henry, attorney at law.

DALTREY is the owner of the worldwide portfolio of CSI brands, with the exception of the United States where this portfolio is held by the well-known media company CBS (…)

18 May 2016

EUIPO - Renault SAS v/ UAB Truck master

RENAULT SAS was represented by Cristina Bercial-Chaumier, Attorney at law assisted by Marie Pusel, French and European Trademark Attorney.

An Invalidity action was filed by Renault on the basis of the risk of confusion with its previous MASTER French Registration No. 1551948 on the basis of Article 8(1)(b) of the (…)