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Paris 1st Instance Court - OPENSUN and AKENA v/ ABRISUD

Decision date

2012-06-29

Decision No.

RG 10/11604

Nature

Design patent

Country

France

Jurisdiction

Paris 1st Instance Court

Parties

OPENSUN and AKENA v/ ABRISUD

The company ABRISUD was represented by Arnaud CASALONGA, Lawyer. The decision exempts ABRISUD of any infringement and unfair competition.

The company OPENSUN, which is behind a modular shelter, kind of a veranda, having a circular shape with a plurality of rotating and moving elements incorporating transparent walls opening to 180 degree, charged the company ABRISUD of having committed acts of infringement of copyright relating to Swimming pool shelter and a SРА.

The Court notably took into account a previous patent, whose drawings disclosed a shelter with similar characteristics in the same application.

It adds that, for this type of building, formal elements as well as walls transparency does not reflect a creative choice, but follow from the nature of the work carried out.

The Court concludes that the swimming pool shelter of OPENSUN consists of common elements in a combination whose originality is not established. Therefore, the Court rejects the infringement.

The distributor of OPENSUN products, also charged the company ABRISUD of unfair and parasitic competition.

Having recalled that simply commercialize a competing product, which is not protected by copyright, does not constitute an act of unfair competition, the Court found that the company ABRISUD had committed no fault.

The Court especially notes the differences between the products in terms of manufacturing and implementation techniques thereby excluding any likelihood of confusion, even if the general shape was similar.

The judgment has not been appealed and is definitive.


Paris 1st Instance Court - OPENSUN and AKENA v/ ABRISUD

29 June 2012
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