Cabinet Chaillot - Jurinea Action for Infringement Jurinea Form 1173 Parties to the case Veste "Bordure roulottée" (Commercialized model) versus Veste ; Catalogue 1995/96 (Seizure-infringement) 03-30-01, CA de Paris (Appeal) Domain --- Issue of law Result Protection by copyrigths (Book I) Yes Comparaison of the designs --- Copy of the essential caracteristics Yes Design infringement Yes --- Sell Yes --- Detention of counterfeiting products Yes Civil liability Yes --- Unfair competition Yes Comparaison of the designs --- Copy of the essential caracteristics No Civil liability No --- Likelihood of confusion No --- Unfair competition No Prejudice evaluation --- Application of a rate of margin balanced to the sold or held counterfeiting products Yes --- Abatement for carryforward of customers Yes --- Sells missed in France Yes --- Loss of margins on the associated sales Yes --- Disorganization of the network of franchized Yes --- Devalorization of the public image of the counterfeited company Yes --- Important advertising expenses by the infringed company Yes Civil liability Yes --- Injury Yes --- Unfair competition Yes Prejudice evaluation --- Sells missed in France Yes --- Loss of margins on the associated sales Yes --- Disorganization of the distribution network Yes Implementation of the previous decision/judgement --- Reimbursement of the exceeding publication costs Yes Enacting terms: Damages 1,314,848,386 Euros Order on the ground of Art 700 NCPC 99,091 Euros Order to pay costs to the defendant Non Dismiss of the appeal Partly Set aside of the contested decision Partly Publication(s): PIBD 2001, Ref.: 733, III, 19

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