2nd judicial act
The announcement had shaken European boating, on the eve of the opening of the Boot Düsseldorf 2018: legal proceedings for plagiarism had been launched by the German group Hanse against the Italian Cantiere Del Pardo. The German boat builder accused his colleague of having copied his Fjord 42 model to launch his first motor boat, the Pardo 43.
The first decision of the Court of Justice in Genoa on 16 January 2018 was in favour of the Hanse Group. Cantiere del Pardo now claims to have won the 2nd round. In a news release, he welcomed the tribunal's new findings released on March 7, 2018, which he summarized as follows:
"The Court of Genoa has established that:
- Pardo 43 is not a copy of Fjord 42. The Community design protection of Fjord 42 is invalid and all charges of infringement against Pardo 43 are therefore unfounded.
- At the time of purchase, no potential customer can be deceived or disturbed by the design of the two boats. The Pardo 43 cannot be confused with the Fjord 42 or any other boat in the Fjord range, produced by Hanse Yachts
- There has been no appropriation of the qualities or values of the Fjord range by Pardo 43."
Contested options
On the other hand, the Court found that the Italian yard had enjoyed incorrect competitive advantages, through identical options offered on both boats, such as the extensible bimini or the hydraulic bathing platform. The transalpin manufacturer points out that these are products from subcontractors, available on the market
Future actions
The authorization to sell Pardo 43 no longer being in danger, Cantiere del Pardo seems to want to take the initiative again. He indicates that he reserves the right to act again to defend his work.
