The Court ruled that defendant’s products were “slavish imitations” of plaintiff’s products, as the differences between them were negligible and not perceptible from the average well-informed consumer. The differences between the products of the plaintiff and the products of the defendant do not get away the fact that defendant’s products were “slavish imitations” of the plaintiff’s products. According to the Court, the imitation of the products as well as the imitation of every aesthetic element were so detailed that it is self-evident that the defendant was fully aware of plaintiff’s products, and he had the intention to imitate them for the commercial success of its own products.
The Court ordered the defendant to cease and desist from marketing and distributing of said products and to stop specifically the production and/or export, display, advertising, possession, accepting of orders, resale, supply for sale, distribution and in general commercialization of the said products, imposing monetary penalty of € 3.000 and detention of one month in case of defendant’s non-compliance.
The Court also ordered the defendant to desist in the future from marketing and distributing of the said products, imposing the same monetary penalty as above.
The Court declared the operative parts of the decision as provisionally enforceable.
Moreover, the Court ordered the publication of a summary of the decision in two daily newspapers and authorized the defendant to upload a summary of the decision in the front page of its website and in its official accounts in social media.
