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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

2025-12-30

INPI - Bureau National Interprofessionnel du Cognac (BNIC) – oppositions based on the COGNAC geographical indication


In opposition proceedings before the French Intellectual Property Office (INPI), the BNIC successfully obtained recognition that the use of the term “GNAC” constitutes an unlawful evocation of the protected geographical indication (GI) COGNAC, both in relation to similar products (COGNAC v. TI’GNAC) and dissimilar products and services (COGNAC c. APERO’GNAC).

The Bureau National Interprofessionnel du Cognac (BNIC) was represented by Caroline Casalonga, Attorney at Law at the Paris Bar.

INPI, OP24-1986/NG, COGNAC c. TI’GNAC, 11 March 2025: An opposition was filed against the French trademark application No. 5039395 TI’GNAC, covering “Alcoholic beverages (except (...)
2025-12-19

UPC Court of Appeal - Syngenta v. Sumi Agro


Very important victory for our client Syngenta, a leading crop protection company, in a landmark decision on file inspection applications before the Court of Appeal of the Unified Patent Court.

Syngenta was represented by the CASALONGA team, composed of Benjamin Grzimek and Jörn Peters, German attorneys-at-law.

Docket Navigator, a commercial patent intelligence platform, had filed a file inspection request related to several submissions and exhibits filed by both parties. The Court (...)
2025-11-13

CJEU (7th chamber) - Verband Sozialer Wettbewerb eV v. PB Vi Goods GmbH


Alors que l’offre de boissons sans ou à faible teneur en alcool (NO/LOW) ne cesse d’augmenter et s’inspire toujours davantage des codes des boissons alcoolisées, la Cour de justice de l’Union européenne apporte une clarification bienvenue :

une boisson sans alcool ne peut pas être vendue sous le nom d’une catégorie de spiritueux !

En l’espèce, une association allemande a saisi une juridiction allemande afin d’interdire la vente d’une boisson non alcoolisée nommée « Virgin Gin Alkoholfrei » (Virgin Gin sans (...)
2025-11-13

French Supreme Court, Commercial Chamber - Monster Energy Company v. Onyx


Monster Energy Company was represented by the CASALONGA team, composed of Karina Dimidjian-Lecomte, Attorney at Law at the Paris and New York Bars, assisted by Klervi Henry, Attorney at Law at the Paris and Montreal Bars, in an appeal before the French Supreme Court.

Traduction en cours Monster Energy Company opposed the French trademark application for for goods and services in Classes 32, 33 and 43 on the ground of likelihood of (...)
2025-11-10

EUIPO Board of Appeal and Cancellation Division - Sanofi Pasteur v. Bharat Biotech International Limited


Successful decision for Sanofi before the EUIPO. The Board of Appeal confirmed a likelihood of confusion between EUTM Applications BCOVAXIN (word mark) and COVAXIN BHARAT BIOTECH (figurative mark) and Prior EUTM Registration COVAXIS for vaccines and recognized the genuine use of Sanofi’s prior EUTM Registration based on evidence of use provided for Germany (appeal deadline not yet expired).

Sanofi was represented by Cristina Bercial-Chaumier, Attorney at Law at the Alicante Bar, Agente de la Propiedad Industrial (Spanish Patent & Trademark Attorney) and European Trademark and Design Attorney.

under construction
2025-08-31

French Supreme Court - Biogaran v. the MSD/Organon companies


Representation of Biogaran against the MSD/Organon companies in PI proceedings relating to the French SPC protecting the combination of Ezetimibe and Simvastatin, resulting in the final invalidation of the SPC and the final dismissal of MSD/Organon’s application for a preliminary injunction following its withdrawal before the French Supreme Court.

Biogaran was represented by Marianne Gabriel attorney-at-law at the Paris Bar.

2025-08-25

UPC, The Hague Local Division and Munich and Mannheim Regional Courts - Sol IP v. BYD and other EV manufacturers


Successful representation of 4G standard-essential patent owner against various car manufacturers in seven infringement litigations before the Munich and Mannheim Regional Courts and the UPC (The Hague Local Division); all cases settled favourably at an early stage in the course of 2025.

Sol IP was represented by the CASALONGA team, composed of Benjamin Grzimek and Jörn Peters, German attorneys-at-law.

2025-08-11

INPI - Spotify AB - oppositions based on the SPOTIFY and/or HEY SPOTIFY trademarks


Spotify AB was represented by the CASALONGA team, composed of Karina Dimidjian-Lecomte, Attorney at Law at the Paris and New York Bars, assisted by Klervi Henry, Attorney at Law at the Paris and Montreal Bars, and Elsa Trombitas, Attorney at Law at the Paris Bar in three successful oppositions before the French IPO:

  • Spotify AB v/ Clément SEURON, opposition decision OPP 24-3841, dated June 30, 2025, regarding SPOTIFY and HEY SPOTIFY v/
  • Spotify AB v/ Yanis KHERROUBI, opposition decision OPP 25-0623, dated August 4, 2025, regarding SPOTIFY and HEY SPOTIFY v/ SPORTIFY
  • Spotify AB v/ SAS LE MIRAMAR, opposition decision OPP 25-1134, dated August 11, 2025, regarding SPOTIFY v/ LE SPOT.
In three back-to-back decisions, the French IPO found that the signs , SPORTIFY, and LE SPOT were confusingly similar to the prior marks SPOTIFY and/or HEY SPOTIFY owned by (...)
2025-07-11

Paris First Instance Court - Biogaran v. Bayer


Successful defense of Biogaran against Bayer in infringement proceedings based on claim 12 of patent EP 2 305 255, covering a compound for the treatment of cancer, in which the Paris Court of first instance held that this claim, as limited during the proceedings, was invalid due to added matter and dismissed all infringement claims (appeal pending).

BIOGARAN was represented by the CASALONGA team, composed of Marianne Gabriel, attorney-at-law at the Paris Bar, and Jean-Baptiste Lecoeur, attorney-at-law at the Paris Bar and european patent attorney.

The dispute concerns Bayer’s divisional patent EP 2 305 255, which expired in December 2022. This patent covers the tosylate salt of the active ingredient sorafenib, (...)
2025-03-19

Pretrial judge of the Paris First Instance Court - Châteauneuf-du-Pape and INAO v. Royal Wine Corp and others


Châteauneuf-du-Pape and the Institut national de l’origine et de la qualité (INAO) were represented by Caroline Casalonga, Attorney at Law at the Paris Bar.

Very interesting decision on the question of prescription of a geographic indication infringement action:
⦁ Geographic indication actions are prescribed by 5 years from the date the plaintiff had knowledge of the infringing acts in the relevant territory (France and the EU),
⦁ Geographic indication infringing acts are not continuous torts.

The President of the Paris First Instance Court granted a preliminary decision in favor of the appellation of origin deciding that the action is not prescribed as the (...)