Cantiere del Pardo response to the Pardo 43 injunction by Hanse Yachts
Sunday, January 21, 2018 6:37 PM
As you already know, Pardo 43 has been object of an injunction order issued by the Court of Genoa on January 16, 2018, as a result of the preliminary proceedings started by HanseYachts against Cantiere del Pardo.
First of all, we highlight that the provision in question is only temporary, subject to appeal and limited to the Italian territory. Although we respect the order, we trust that this decision will be overturned in appeal in the next few weeks, since we are sure of having behaved correctly and respecting the competition rules.
Secondly, as to the merit of the decision, the Italian Court has granted the injunction order mainly on the unfair competition for imitation, which means, according to the Italian law and jurisprudence, that the average consumer of this kind of boats might consider the Pardo 43 as a HanseYachts’ boat.
Nevertheless, the facts seems to show exactly the opposite, since we have already sold 30 boats in just six months to very experienced clients who bought Pardo 43 for his own features.
Lastly, the Italian Court with the same decision has reached the conclusion that the Community Registered Design related to the Fjord 42 should be declared null and void in the light of the existing previous boats Fjord 40 and Fjord 48, confirming that the design of Fjord 42 should be not considered – at least from a juridical point of view – new and characterizing, but simply another boat of the Fjord line.
Fabio Planamente, General Manager of Cantiere del Pardo, together with the property, represented by Marco Casadei, express their disappointment after the latest events: ““The polemics spread out after the issue of the Italian Court’s decision are rushed and risk to damage the entire nautical world. We are confident that this episode will end soon with positive outcomes for our shipyard”.