Industrial Property Law

The offer for sale and sale of a design reproducing and/or imitating a registered design infringes the rights of its owner , even without any other fault on the part of the infringer . For example, the listing of a product by a central listing agency constitutes an infringement when, through this activity, it offers for sale the goods it has selected, acts as an intermediary between the retailer a …

Offer for sale and placing on the market

The offer for sale and sale of a design reproducing and/or imitating a registered design infringes the rights of its owner , even without any other fault on the part of the infringer . For example, the listing of a product by a central listing agency constitutes an infringement when, through this activity, it offers for sale the goods it has selected, acts as an intermediary between the retailer and the distributor, and plays an essential role in the marketing of the products , or the ordering of a product by a central purchasing agency and the centralization of its billing . Other examples of infringement include the display of counterfeit furniture in a hotel lobby , or the representation of a model at the design stage to present a new product range at a trade show .

Advertising also falls within the scope of an offer for sale requiring the authorization of the design proprietor. The design proprietor may thus prohibit the dissemination of advertising designed to induce consumers to buy the infringing product in magazines and on posters affixed to kiosk windows , the sending of e-mails to customers presenting infringing models , marketing strategies, even on a one-off basis, designed to attract the public's attention in order to generate sales of such a model, the sale of a catalog presenting a copy of the model and its sale, even if only four copies of the model are sold . On the other hand, a company may reproduce designs in a commercial context for the sale of its proprietor's products, under normal conditions, in an advertising catalog designed to promote the garments on which they appear and with which they form an inseparable whole .

Cass. com. February 27, 1996, LawLex200200004915JBJ; CA Paris June 12, 2002, LawLex200300001876JBJ; 27 September 2006, LawLex200800000040JBJ; 19 January 2007, LawLex200800000137JBJ; 17 October 2008, LawLex202200001174JBJ.

Cass. 1re civ, 5 March 1991, LawLex202200001869JBJ.

CA Montpellier, 8 February 1994, LawLex200004921JBJ, upheld by Cass. com. 27 February 1996, LawLex200004915JBJ.

CA Paris, 17 October 2008, LawLex202200001174JBJ.

CA Paris, 24 February 1999, LawLex202200001175JBJ.

CA Paris, 19 September 2012, LawLex202200001178JBJ.

CA Paris, 6 October 2004, LawLex200500004300JBJ.

CA Paris, 4 November 2011, LawLex201100001921JBJ.

Cass. com.,  27Ooctober 1992, LawLex202200001211JBJ.

Industrial Property Law

473. Offer for sale and placing on the market

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473. Offer for sale and placing on the market

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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