Arbitral Digest

Matter

BIFRATEX v [L] SPORTS SA (Paris Court of Appeal RG 24/03156)

  1. 19 November 2021France

    19 November 2021France

    Ex Parte Order of the President of the Paris Judicial Court dated 19 November 2021

    Paris Judicial Court

    Decision summary
    The President of the Paris Judicial Court authorized [L] Sports to conduct a trade-mark infringement seizure at Bifratex's premises.

    Supporting details

    2 participants
    BIFRATEX
    [L] SPORTS SA
    Paris Judicial Court

    6 months and 15 days later · 196 days

  2. 3 June 2022France

    3 June 2022France

    Order of the Paris Judicial Court dated 3 June 2022

    Paris Judicial Court

    Decision summary
    The Paris Judicial Court retracted the seizure order after finding that [L] Sports had omitted earlier litigation and relevant historical trade-mark context from its request.

    Supporting details

    2 participants
    BIFRATEX
    [L] SPORTS SA
    Paris Judicial Court

    1 year, 7 months and 28 days later · 607 days

  3. 31 January 2024France

    31 January 2024France

    Order of the Case Management Judge of the Paris Judicial Court dated 31 January 2024

    Paris Judicial Court

    Decision summary
    The case-management judge rejected Bifratex's objections based on acquiescence and res judicata, made no ruling on its abuse-of-process damages request, reserved the costs, and dismissed the parties' applications under article 700 of the French Code of Civil Procedure.

    Supporting details

    2 participants
    BIFRATEX
    [L] SPORTS SA
    Paris Judicial Court

    1 year, 1 month and 16 days later · 413 days

  4. 19 March 2025France

    19 March 2025France

    Decision of the Paris Court of Appeal in the case RG 24/03156 dated 19 March 2025

    Paris Court of Appeal, Pôle 5 - Chambre 1

    Case no.
    RG 24/03156
    Decision summary
    The Court of Appeal overturned the 31 January 2024 case-management order insofar as it rejected Bifratex's acquiescence objection, declared [L] Sports' trade-mark infringement action concerning international mark no. 634897 inadmissible because [L] Sports had tolerated Bifratex's use of the later mark for five consecutive years, and upheld the rejection of the res judicata objection. It dismissed Bifratex's abuse-of-process damages claim, ordered [L] Sports to pay the appeal costs, and awarded Bifratex EUR 15,000 under article 700 of the French Code of Civil Procedure.

    Supporting details

    8 authorities · 14 participants
    BIFRATEX
    Representative
    Me Matthieu BOCCON GIBOD (For: BIFRATEX)
    Representative
    SELARL LX PARIS- VERSAILLES- REIMS (For: BIFRATEX)
    Representative
    Me Michèle MERGUI (For: BIFRATEX)
    Representative
    MERGUI AVOCATS (For: BIFRATEX)
    [L] SPORTS SA
    Representative
    Me Edmond FROMANTIN (For: [L] SPORTS SA)
    Representative
    Me Géraldine ARBANT (For: [L] SPORTS SA)
    Representative
    AARPI BIRD & BIRD (For: [L] SPORTS SA)
    Representative
    Me Frédérique BOCQUERAZ (For: [L] SPORTS SA)
    Paris Court of Appeal, Pôle 5 - Chambre 1
    Other
    Institutional administrator
    Soufiane HASSAOUI

    Authorities cited

    8
    • French Code of Civil Procedure
      statute
    • French Intellectual Property Code
      statute
    • French Civil Code
      statute
    • Arrangement and Protocol of Madrid
      statute
    • Budejovický Budvar, národní podnik v Anheuser-Busch Inc. (C-482/09)
      case-law
    • French Court of Cassation, Commercial Chamber, 15 June 2010 (n°08-18.279)
      case-law
    • French Court of Cassation, Commercial Chamber, 5 June 2024 (pourvois n°23-15.380 et 23-17.571)
      case-law
    • French Court of Cassation, Commercial Chamber, 6 January 2015 (n°13-621.940)
      case-law

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BIFRATEX v [L] SPORTS SA (Paris Court of Appeal RG 24/03156) · Matter