Decision No. 1161/2020 publ. on 23/07/2020
RG No. 6983/2018
Docket No. 2429/2020 of 23/07/2020
No. R.G. 6893/2018
ON BEHALF OF THE ITALIAN PEOPLE
ORDINARY COURT OF VENICE
Specialized Section in Enterprise Matters
The Court, composed of:
– Lina Tosi President
– Lisa Torresan Judge
– Sara Pitinari Judge
in chamber has collegially issued the following
in the civil proceeding enrolled under No. R.G. 6983/2018, instituted with writ of summons
Marsotto s.r.l. (01470390236)
represented and defended by its counsel Mrs. Eulalia Malimpensa, domiciled being elected at Luca Vedovato’s office in Venice
Arnaboldi Angelo s.r.l. (00682670963)
represented and defended by its counsels Messrs. Iacopo Destri, Arianna Ferrari and Anna Maria Lotto, domicile being elected at Dimitri Guarino’s office, in Venice
FOR THESE REASONS
1) ascertains that the three-legged round table, manufactured by the defendant Arnaboldi Angelo s.r.l. and subject matter of this cause of action, a sample of which was detected during the judicial description at the defendant’s premises (proceeding R.G. 9917/2017), counterfeits the multiple design model under Italian registration No. 97320 dated 4/4/2011 of the right holder Marsotto s.r.l;
2) inhibits the company from advertising, manufacturing, offering, marketing and any other commercial use of products in violation of the design model under Italian registration No. 97320 dated 4/4/2011;
3) orders the cancellation, from the defendant’s website and, however, from the websites www.arnaboldimarmi.com and www.neutradesign.it, and from the defendant’s catalogues and advertising materials, of any image and reference to the counterfeited products referred to under points 1) and 2) above;
4) orders the defendant to recall from the market the infringing products referred to under points 1) and 2) above;
5) condemns the defendant to compensate the plaintiff for the suffered damages equal to Euro 462,00, plus interests accrued from the due date to balance, for economic damages, and Euro 30.000,00, in total, for immaterial damages;
6) orders the defendant to publish the heading and the final ruling of this decision, at the defendant’s expenses, on the website www.arnaboldimarmi.com , also in English language, for 30 days in noticeable font size;
7) orders the publication of the heading and the final ruling of this decision, by the plaintiff at the defendant’s expenses, with normal font size and on double column, also in English language, on the magazine “Wallpaper”, both on the printed and on-line edition, for two times, mentioning the parties’ and the designers’ names;
8) establishes the payment of the following liquidated damages:
– Euro 500,00 for each day of delay in the cancellation from websites and any printed material, and in the recall from the market;
– Euro 1.500,00 for any further violation, to be intended as referring to the manufacturing or commercialization or any single product;
– Euro 500,00 for the case of future publication of advertising images depicting the counterfeited products;
9) rejects any other plaintiff’s requests;
10) confirms the litigation costs as settled in the interim ex parte proceeding, and, for the merit, condemns the defendant to pay 50% of the plaintiff’s legal cost totally amounting to Euro 18.000,00 for professional fees, Euro 3.399,00 in disbursements, overhead costs equal to 15%, plus VAT and CPA.
The President Dr. Lina Tosi
Established in Cantù in 1880, Arnaboldi represents a historic name in the stone industry,
specialized in the manufacturing of marbles, granites, onyx, stones and quartz.
The company boasts a solid family tradition, which has reached nowadays the fourth generation.
The production cycle is entirely carried out in‐house: that means 100% Made in Italy production.
Arnaboldi is able to offer to the client a full technical support from the project design to the installation on site.
Arnaboldi research is focus on finding new materials, new technologies and new manufacturing methods.
In 2006 the company gives birth to NEUTRA, an original and elegant collection of elements and complements whose aim is to provide top‐quality solutions for the bathroom, designed according to the new wellness concepts.
Neutra philosophy pivots on clear and precise key concepts for an experimental approach to the world of home and wellness, which in the last few years has experienced deep changes and striking innovations.