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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

2021-10-18

Paris Judicial Court, summary proceedings’ order - Association LIGUE FRANCAISE POUR LA PROTECTION DES OISEAUX v/ Association FEDERATION NATIONALE DES CHASSEURS & SA SOCIETE MARKETING PUBLICITE 2000

The company MARKETING PUBLICITE 2000, communication agency of the FEDERATION NATIONALE DES CHASSEURS (“FNC”), was represented by Arnaud CASALONGA and Juliette DIONISI, Lawyers at the Paris Bar.

Considering that the brochure entitled "Hunting, heart of biodiversity", produced for the FNC by its communication agency and addressed to nearly 600,000 elected officials, reproduced its graphical elements and chart, infringed the rights it defends and reproduced without authorization its trademarks "AGIR pour la BIODIVERSITE", the LIGUE FRANCAISE POUR LA PROTECTON DES OISEAUX (“LPO”) has introduced a summary proceedings against the FNC and the company MARKETING PUBLICITE 2000 on the grounds of parasitism and trademark infringement.

By order of October 18th, 2021, the President of the Paris Judicial Court rejected all the LPO’s claims on both trademark infringement and parasitism.

In addition, since it was the LPO’s third action against the FNC and its communication agency, the LPO was ordered to pay 7,000 euros to each of them under Article 700, i.e. 14,000 euros in total.

Parasitism: The LPO argued that the FNC and MARKETING PUBLICITE 2000 had reproduced the essential characteristics of the cover of its brochure, namely: - a white background (...)
2021-06-15

Paris Court of Appel - SAS MAISONS DU MONDE France v/ SA LEROY MERLIN, SAS BENOIT LE TAPIS BROSSE & SAS ALSAPAN

LEROY MERLIN was represented by Arnaud CASALONGA, Attorney-at-law.

Considering that a doormat and a collection of industrial style furniture commercialized by LEROY MERLIN and BENOIT LE TAPIS BROSSE reproduced the combination of the distinctive elements of its "Atelier" doormat model and its "Docks" range of furniture, SAS MAISONS DU MONDE sued SA LEROY MERLIN, SAS BENOIT LE TAPIS BROSSE & SAS ALSAPAN before the Paris Commercial Court on the grounds of unfair competition and parasitism.

By a judgment rendered on April 8, 2019, the Paris Commercial Court ruled against LEROY MERLIN and BENOIT LE TAPIS BROSSE on the basis of unfair competition for the doormat model but dismissed MAISONS DU MONDE’s claims relating to the industrial furniture.

In its decision of June 15, 2021, the Court of Appeal of Paris rejected all of MAISONS DU MONDE’s claims both based upon both unfair competition and parasitism.

On unfair competition: MAISONS DU MONDE argued that there was a likelihood of confusion between its doormat and furniture and those marketed by LEROY MERLIN. First, the (...)
2021-05-21

Paris Court of Appeal - SAS BIOGARAN v/ DAIICHI SANKYO COMPANY LIMITED, M. le Directeur général de l’INPI, SAS TEVA SANTE & SAS EG LABO - LABORATOIRES EUROGENERICS

BIOGARAN was represented by Arnaud CASALONGA and Floriane CODEVELLE, Attorneys at Law (Paris bar).
In its very clear decision issued on May 21, 2021, the Paris Court of Appeal marks a real turning point in a legal saga that has lasted for decades between the company BIOGARAN and other generic pharmaceuticals on the one hand, and DAIICHI on the other.

In its decision of May 21, 2021, the Paris Court of Appeal ruled that the third-party opposition filed by BIOGARAN was admissible and well-founded, and retracted the decision (...)