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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

18 October 2023

French Supreme Court, Commercial Chamber - AQUARELLE.com v/ SCT

Reserving a third party’s trademark as a keyword and using it in the website’s source code doesn’t always constitute infringement.

The Plaintiff, a company specializing in the sale of flowers and plants, owns a European Union trademark registration AQUARELLE for goods and services in Classes 31, 35, 41 and (…)

10 October 2023

European Patent Office, Enlarged Board of Appeal - ALEXION Pharmaceuticals, Inc.

The burden of proof now lies with the party contesting the subsequent applicant’s right to priority to demonstrate the absence of such entitlement.

Two questions were referred to the Enlarged Board of Appeal of the European Patent Office (hereinafter EPO) regarding priority. The first question addressed the EPO’s (…)

15 September 2023

European Union Intellectual Property Office - de MERKPLAATS B.V. v/ PS HOLDING B.V.

Refusal of a trademark application consisting of a model’s face due to lack of distinctive character.

A Dutch company applied for a European Union trademark consisting of the face of the model Puck Schrover, in class 35 for services of models and photographic models for (…)

7 September 2023

CJEU - BEVERAGE CITY v/ ADVANCE Magazine Publishers Inc.

Plurality of defendants in an action for infringement of a European Union trademark: the exclusive distribution contract concluded between certain co-defendants allows all of them to be sued in the jurisdiction of the domicile of any one of them.

A Polish company, Beverage City Polska, produces in Poland an energy drink named “Diamant Vogue”, which it also distributes and promotes. An independent German company, (…)

6 September 2023

French Supreme Court, Commercial Chamber - DAIICHI v/ BIOGARAN, INPI and others

Validity of the notification of the revocation decision to the representative appointed to file the supplementary protection certificate (hereinafter SPC) - Payment of annuities by another representative does not constitute appointment. BIOGARAN was represented by the CASALONGA team, composed of Floriane Codevelle and Arnaud Casalonga, attorneys-at-law at the Paris Bar, and Gérard Dossmann, patent attorney, in a SPC infringement and unfair competition action brought by DAIICHI SANKYO and SANOFI.

BIOGARAN is a French pharmaceutical company specializing in generic drugs. DAIICHI is a Japanese company engaged in pharmaceutical research and development company, as well (…)

French Supreme Court, Commercial Chamber - KUBOTA Corporation v/ INPI

Admissibility of filing of a second divisional application before the INPI - time limit.

On March 21, 2018, the Japanese company Kubota filed an initial patent application registered under No. 08 51869, entitled “Lawnmower comprising a grass collector pivoting by (…)

UPC, Düsseldorf Local Division - myStromer AG v/ Revolt Zycling AG

The Local Division issued ex-parte interim injunctions with penalties in several European countries on the same day the case was referred to it, without analyzing the validity of the patent.

The patent EP 2 546 134 B1 at issue protects a “combination structure of bicycle frame and motor hub”. Fairly Bike Manufacturing Co. Ltd, a company based in Taiwan and (…)

Versailles Court of Appeal, 12th Chamber - SAS VETIR v/ SAS LA SEMELLE MODERNE

No infringement for a shoe sole design, as the elements incorporated are common in the sole industry.

La Semelle Moderne, owner of a French design registered on May 14, 2014, for a shoe sole, brought an action against Vêtir for design and copyright infringement, as well as on (…)

European Patent Office, Enlarged Board of Appeal - SUMITOMO CHEMICALl Company, Limited v/ SYNGENTA Limited

A patent applicant or proprietor may rely upon a technical effect for inventive step if the skilled person, having the common general knowledge in mind, and based on the application as originally filed, would derive said effect as «(i) being encompassed by the technical teaching and (ii) embodied by the same originally disclosed invention».

By interlocutory decision T 116/18 of October 11, 2021, Technical Board of Appeal 3.3.02 referred questions to the Enlarged Board of Appeal (hereinafter the Enlarged Board) to (…)

General Court of the European Union, 3rd Chamber (Extended composition) - B&BARTONI v/ EUIPO - HYPERTHERM

The qualification of a component part of a complex product is assessed in concreto, based on a set of relevant indicators.

Hypertherm, Inc. holds a Community design for an electrode to be inserted in a torch forming part of a plasma cutting system. On December 22, 2017, B&Bartoni spol. s r.o (…)

Paris Court of Appeal, Division 5, 2nd Chamber - NOVARTIS v/ BIOGARAN

Inadmissibility of summary proceedings based on a patent application not yet granted. BIOGARAN was represented by the CASALONGA team, composed of Marianne Gabriel, and Arnaud Casalonga, attorneys-at-law at the Paris Bar, and Jean-Baptiste Lecoeur, attorney-at-law at the Paris Bar and patent attorney, in the first action in France related to "Fingolimod".

NOVARTIS AG held European patent application designating France No. 2 959 894 (hereinafter EP 894) entitled “S1P receptor modulators for treating multiple sclerosis” filed as a (…)

Court of Justice of the European Union - PAPIERFABRIEK DOETINCHEM BV v/ SPRICK GMBH BIELEFELDER PAPIER- und WELLPAPPENWERK & CO.

Alternative designs are not decisive to determine whether the features of appearance of a product are dictated solely by its technical function.

On the basis of its Community design registration for a packing device, the plaintiff, a German company, brought an action before the Regional Court of Düsseldorf against one (…)

16 February 2023

Court of Justice of the European Union - MONZ HANDELSGESELLSCHAFT LNTERNATIONAL MBH & CO. KG v/ BÜCHEL GMBH & CO. FAHRZEUGTECHNIK KG.

The normal use of a complex product is interpreted both from the perspective of the end user and that of an external observer. This normal use includes the storage and transportation of the complex product but excludes its maintenance, service, or repair.

Monz, German company, owns a German national registered design from 2011 for “saddles for bicycles or motorcycles”: A second German company, Büchel, filed an application for (…)

15 February 2023

Paris Court of Appeal, Division 5, 1st Chamber - SA LALIQUE v/ SASU HABITAT FRANCE

Design infringement is assessed based on the overall visual impression produced on the informed user by the product in question.

Lalique owns an EU and an international design (designating France) registered in 2012 for wine glasses with a specific stem. In 2015, Habitat France launched a range of (…)

27 January 2023

Paris Court of Appeal - SAS LES BIENHEUREUX v/ WATERLOGIC SVERIGE AB

Confirmation of similarity between non-alcoholic and alcoholic beverages. Waterlogic Sverige AB was represented by the CASALONGA team, composed of Karina Dimidjian-Lecomte, Attorney at Law at the Paris and New York Bars, and Klervi Henry, Attorney at Law at the Paris and Montreal BarS.

On the basis of its European Union Trademark Registration THOREAU protected for “bottles, bottle cases, dish drainers and non-alcoholic beverages”, the Opponent filed an (…)