Court order supports HanseYachts claim

An Italian company has been forbidden to manufacture, advertise, hold, exhibit, promote, sell or transfer a boat that is said to imitate the HanseYachts’ Fjord 42.

The order by an Italian court was made on January 16 and also set ‘considerable’ penalties due by the defendant in case of any future breach of the orders and awarded the petitioner – HanseYachts – the costs of the procedure.

“The court reasoned that the imitative yard has committed acts of unfair competition,” said HanseYachts in a statement.

“It’s yacht is a slavish imitation of Fjord yachts, it misappropriates Fjord’s qualities and conflicts with the principle of professional fairness.”

The statement continued: “The court has found that the imitative yacht is likely to be perceived as a ‘Latin version’ of the Fjord 42, therefore giving rise to both a likelihood of confusion and a free- riding on HanseYachts’ commercial success on part of the Italian shipyard.”

“This is an important partial victory,” says Dr Jens Gerhardt, CEO of HanseYachts AG. “Usually, certain details have been copied to date, such as the Dehler Uni door or the signature window lines of the Sealine and Hanse families.

“We have taken this sportive until now, and see it as a compliment in many ways for our innovative and outstanding quality in design. But the copy of an entire boat is something that we cannot accept.”

The company – that HanseYachts is not naming at the moment – can appeal against the decision.

Source: www.boatingbusiness.com