The defence of a Polish food company which had been sued for trademark infringement.

Context of the case

Our Client was a Polish food company specialising in the manufacture and sale of cakes and chocolate bars.

TERRILLON AVOCATS was contacted following a summons received by the Client for trademark infringement of a well-known brand of chocolate bars. The alleged infringement concerned the European figurative mark and the international three-dimensional figurative mark (the shape of the chocolate bar) marketed in France. Beyond convicting the Client of infringement, the Tribunal was asked to prohibit it from manufacturing, selling, exporting, and otherwise exploiting its own chocolate bars.

The Client’s challenge was to win the lawsuit brought before the French court in order to be able to continue to manufacture and sell the chocolate bars covered by the summons.

Our involvement 

TERRILLON AVOCATS defended the company which had been sued for trademark infringement. The Firm advised, assisted, and represented the Client in this case by developing the best possible legal strategy.

The case was argued before the Paris Tribunal de Grande Instance.

Results obtained

In the first instance, TERRILLON AVOCATS provided services a period of 18 months. The Tribunal ruled that there was no infringement and that there was no possibility of confusion in the minds of the public. 

Following the first instance judgment, the opposing party waived the right to appeal. 

Our Client still produces its chocolate bars and sells them all over the world.