Cabinet Chaillot - Jurinea Action for Infringement Jurinea Form 1175 Parties to the case Baby-foot BONZINI (Filed design) Divulgation en noir & blanc (Unfiled design) Divulgation en couleurs () versus Baby-foot BONANZA (Filed design) Baby-foot BONANZA (Filed design) 11-20-98, CA de Paris (Appeal) Domain --- Issue of law Result Evidence of a creation date for the copyright Yes --- Publication in a review Yes Copyrights titularity --- Collective work initiated by the legal entity (Intellectual Property Code art: L113-5) Yes --- Titularity presumption Yes --- Legal entity has exploited under its name Yes --- Third party not pretending to be the author can contest the right to act of the holder No Protection by copyrigths (Book I) Yes --- Creative effort Yes --- Impression of the author personnality Yes --- Originality Yes Protection under the design right --- Design deposited takes again the characteristics of the original work protected by the copyright Yes --- Existence of an anteriority No Proceedings --- No --- Absence of ground to the action in infrigement No --- Inproper procedure No Comparaison of the designs --- Inoperative differences in the accessory details Yes --- Copy of the essential caracteristics Yes --- Whole similarity Yes --- Copy of the caracteristics that were the base of the design protection Yes Design infringement Yes --- Sell Yes Copyrights titularity No --- Justification of the quality of author No Comparaison of the designs --- Similarity comes from a same necessity Yes --- Similarity comes from a norme, standardization Yes --- Own aspect Yes Design infringement No Civil liability Yes --- Likelihood of confusion Yes --- Use of a similar denomination Yes --- Injury Yes --- Unfair competition Yes Prejudice evaluation --- Slightly lower price Yes Civil liability No --- Likelihood of confusion No --- Use of a similar denomination No --- Injury No --- Unfair competition No Enacting terms: Damages 22,867 Euros Order on the ground of Art 700 NCPC 3,048 Euros Dismiss of the appeal Partly Set aside of the contested decision Partly Invalidation of the previous design Non Invalidation of the subsequent design Yes Publication(s): PIBD 1998, Ref.: 671, III, 190

Last updating : 12-10-06
Copyright © Cabinet Chaillot 1997 - 2004