In parallel to the case mentioned the 18/07/2006 in our news page, Diamond White continued its legal actions.
This time, it is the GLOBERIDER brand and one of its retailers, PALAWAI, who were condemned in appeal for counterfeiting and sale of conterfeiting objects.
Here is a partial and rough translation of the Judges’ decisions:
The publicly ruling Court, by contradictory judgement, in the first instance:
– Says that by importing, offering on sale and by holding for sale the kites GK LIFT 6,8, GK LIFT 6,8, GK LIFT 8,8, GK LIFT 11,5, GK LIFT 14,2, GK LIFT 17,5 and the GK control devices, the companies GLOBERIDER and PALAWAI made themselves guilty of act of counterfeiting the claim 1 of patent BP-0.202.271 and claims 1, 3, and 4 of patent FRB-2762583 of DIAMOND WHITE company
– Prohibits to the companies GLOBERIDER and PALAWAI to continue the acts of importating, offering on sale and selling in any place including internet, or any other act of selling kites and control devices, and this under penalty of euros 1.000 for each recorded breach as from the notification of the judgment to intervene.
– Orders the publication of the judgement in five newspapers or magazines at DIAMOND WHITE’s choice and at GLOBERIDER and PALAWAI expenses but within the maximal limit of euros 3.000 per publication, and this, if required, as additional damages.
– Orders the GLOBERIDER company to display on its web site’s front page, in readable characters, a copy of the sentence, as soon as the sentence is served, and under Euro 1000 penalty per day of delay, and this during two months.
– Enjoins the companies GLOBERIDER and PALAWAI to pay to DIAMOND WHITE a Euro 100.000 deposit insolidum at the height of Euro 50.000 for the repair of the patent breach as well as of the economic damage.
– Establishes a damage valuation and appoints, to make it, Mr….
JUDGEMENT IN APPEAL (may 2007)
Confirms the referred decision in all its dispositions not contrary to those of the present judgment. But reforming it for the surplus
Tells that there is no need to damage valuation and condemns in solidum the companies PALAWAI and GLOBERIDER to pay to the company DIAMOND WHITE the sum of Euro 100.000 for the damages;
And adding to it, condemns the company GLOBERIDER and Maitre MARION, as liquidator of the company PALAWAI, at the costs of first instance and appeal and authorizes the SCP SOREL DESSART, associated lawyers, to recover directly against it those of the expenses whose advance would have been made without having received sufficient reserve;
Condemns them to pay to the company DIAMOND WHITE the sum of Euro 5000 in pursuance of article 700 of the new civil procedure code.
We remember that any distributor and shop can be sued for selling without authorization products that fall in the scope of patents, in the countries where these patents are in force. It is thus in their interest to get the information from their suppliers and, in case of doubt, from Diamond White.
Copies of Diamond White’s patents are available here.