• LYON


Victory for Essity Operations France against ICT in Spain

9 April 2018
Mon, 04/09/2018 (All day)

HOYNG ROKH MONEGIER obtained a favorable first-instance decision on the merits on behalf of Essity Operations France (formerly known as  SCA Tissue France) against INDUSTRIE CARTARIE TRONCHETTI IBÉRICA S.L. (ICT).

On 26 March 2016, the Barcelona Commercial Court No. 1 issued a first-instance decision declaring that the offering and manufacturing by ICT of several models of toilet paper products infringes Essity’s patent rights. The Court fully upheld Essity’s complaint on patent infringement and entirely dismissed ICT’s invalidity counterclaim. 

Thus, ICT has been ordered to cease the manufacturing, importing, offering and commercialization of its toilet paper products FOXY SEDA, FOXY BOUQUET, LANTA 3 CAPAS, DIA PREMIUM, AUCHAN SUPREME and AUCHAN FLORAL in Spain. Furthermore, the Court ordered – as requested by Essity –  the seizure and destruction of any remaining infringing products, the destruction of all equipment and materials intended for the manufacturing of the infringing toilet paper products, compensation for Essity for damages caused, payment of the costs of the proceedings, and the publication of the judgment in two main Spanish newspapers. 

This decision may be subject to appeal. 

Luis Fernández-Novoa, Laura Cantero and Mar Conde represented Essity Operations France in this matter.

  • HOYNG ROKH MONEGIER represents the J.R. Simplot Company in a cross-border Community design dispute against McCain Foods, relating to the shape of Simplot’s proprietary twisted French fry potato product. Simplot argued McCain’s “Rustic Twist” french fry infringed their Community design.
  • Managing IP Awards / 11 March 2019
    On Thursday 7 March, Managing IP hosted its annual EMEA IP awards ceremony, honoring the best IP achievements by in-house counsel and law firms in 2018.
  • Spanish Trademark Law Reform / 22 January 2019
    The Spanish Trademark Law Reform entered into force on January 14th.
  • HOYNG ROKH MONEGIER promotes Johan Elkenbracht to the partnership. Johan Elkenbracht is a European and Dutch patent attorney.
  • A new edition of the Mobile World Congress (MWC), the world’s most important event in the mobile communications industry, will be held in Barcelona from 26th to 28th of February, 2019. The Commercial Courts of Barcelona have issued for the fifth consecutive year the Intellectual Property Fast Action Protocol in the framework of the Mobile World Congress.