Cabinet Chaillot - Jurinea
Action for Infringement

Jurinea Form 984
Parties to the case BAGUE (Filed design)
versus BAGUE (Commercialized model)

01-19-00, CA de Paris (Appeal)
Domain
--- Issue of law
Result
Competence
--- Jurisdiction of the commerce court Yes
Counterfeiter responsability
--- Responsability of the manager of the company No
--- Manufacturer did the work to order based on a cast Yes
--- Specialist manufacturer could not ignore the design to reproduce Yes
Design infringement Yes
--- Servile reproduction Yes
--- Cast from existing mould Yes
Civil liability
--- Unfair competition Yes
--- Acts distinct from the infringement Yes
Prejudice evaluation
--- Lower price Yes
--- Lower quality Yes
--- Devalorization of the design Yes
Enacting terms: Damages 38,112 Euros
Order on the ground of Art 700 NCPC 4,573 Euros

Publication(s): PIBD 2000, Ref.: 699, III, 297

Last updating : 12-10-06
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