Within the framework of our anti-counterfeiting fight, we come to gain in France in first instance a lawsuit against two French companies, distributing the C-shape kites and 4-line control bars of a foreign brand, which we will not name for now since an appeal can be made. Here is a translation of the sentence:
The publicly ruling Court, by contradictory judgement, in the first resort:
* says that by importing, or offering on sale, or selling, and by holding for sale, since April 7, 2003 Kitesurf or kiteboarding wings, in particular the referred wings XXX, XXX, XXX, XXX and XXX as well as by holding the associated control devices, companies A and B have infringed in particular claim 1 of patent EP-B-0202271 and claims 1, 3, 4 and 5 of patent FR-B-2762583 of DIAMOND WHITE company, companies A and B respectively as owner and business tenant, made themselves guilty of act of counterfeiting
* consequently declares them jointly responsible for the damages undergone by DIAMOND WHITE company definitively evaluated to the sum of euros 100.000
* declares inadmissible due to its bankruptcy any request for judgment with repair of this damage aiming at company A as well as any request for future prohibition to market these products aiming this same company due to the suspension of its activity
* declares on the other hand the demandes admissible against the bankrupted company receiver
* condemns company B to pay to DIAMOND WHITE company a provision of Euros 100.000
* prohibits company B the continuation of the acts of importation, offer on sale and sale, or any other act concerning the wings and the control devices, and this under penalty of euros 1.500 per recorded breach as from the notification of the judgement to intervene
* says that the court reserves to itself the settlement of the penalty
* orders the publication of the judgement in five newspapers or magazines at DIAMOND WHITE’s choice and at the expenses, on one hand of the receiver of company A, on the other hand of company B but within the limit of euros 3.000 per publication
* jointly condemns the companies A and B to pay at DIAMOND WHITE company the sum of Euros 5.000 on the base of article 700 of the new code of civil law
* condemns them to the whole costs which will include the expenses for the bailiff and for the seizure-counterfeit procedure, of which distraction to the profit of SCP X
* orders the provisional execution to the amount of half the allocated indemnity.
(in other words, the company B is condemned to pay euros 50.000 quasi immediately even if it appeals)
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. To write us
Copies of Diamond White’s patents are available here.