Paris 1st Instance Court - VETIR v/ MALTERRE
Paris First Instance Court
VETIR v/ MALTERRE
The Vetir company was represented by Arnaud Casalonga and Marianne Gabriel, Attorneys at Law.
The Vetir company, which pursues activities under the name Gemo, has been sued by the Malterre company for copyright infringement on three models of swimsuit and for breach of established commercial relationships.
The Paris 1st Instance Court rejected Malterre’s claims.
Concerning the alleged copyrights infringement, the Court held that Malterre was inadmissible to commence infringement proceedings for the first model invoked; that the second model was devoid of originality; and that the third model did not infringe Malterre’s copyrights because the design that made the model original was not reproduced in the litigious model.
Concerning the alleged breach of established commercial relationships, the Court considered that Malterre was given notice in a reasonable time and that the breach was not characterized.