Paris 1st Instance Court - BEATS ELECTRONICS LLC v/ Monsieur X
Paris First Instance Court
BEATS ELECTRONICS LLC v/ Mr X (ALEYPO DESIGN)
The Company BEATS ELECTRONICS, owner of the Community trademarks and BEATS BY DR. DRE was represented by Caroline Casalonga, Lawyer and Pascaline Vincent, Lawyer.
A retaining procedure was initiated by the Customs of Le Havre (France), during which the Customs identified 7049 litigious headphones and 7300 litigious packaging reproducing the trademarks of BEATS ELECTRONICS.
The first instance Court of Paris, following a writ of summons based on trademark infringement and unfair competition decided that the company ALEYPO DESIGN had infringed said trademarks and issued an injunction to stop the use of the trademark and to destroy the litigious goods.
The writ of summons had been filed within the 10-days period starting from the date of the notification from the Customs.
In its decision the Court of Paris considered that the company ALEYPO DESIGN had committed trademark infringement and unfair competition acts by importing electronics products in France that reproduced the characteristics of the packaging of the genuine headphones of BEATS ELECTRONICS.
Acknowledging that trademark infringement dilutes the distinctive character of the mark and causes a decrease of its value, the Court ordered the company ALEYPO DESIGN to pay to BEATS the sum of EUR 30,000; to cease any use of the mark under a penalty of EUR 300 per infringement act and, to destroy the litigious goods.