On the basis of a semi-figurative trademark reproducing a PANERAI dial, PANERAI and CARTIER brought an action for infringement, unfair competition and parasitism against TISM, which had developed a cushion watch marketed under the AUGARDE trademark, which the plaintiffs considered to be a copy of the PANERAI watch.
In a decision dated June 5, 2024 (Pole 5 chamber 1- RG n°22/06786), the Court of Appeal upheld the decision of the Paris Court of First Instance (3rd chamber, 2nd section – RG n°20/03727 dated March 18, 2022), which had declared the French semi-figurative trademark ‘PANERAI 12 3 6 9’ n°436643 and the European Union figurative trademark ‘PANERAI’ n°017902899 invalid on the grounds that they were devoid of any distinctive character.
Like the Court of First Instance, the Court did not uphold the claim of infringement or the claim of unfair and parasitic competition between the watch models, stating that “although it must be noted that there are similarities in the general appearance of the two models at issue, particularly with regard to the combination of the cushion-shaped case and the dial with large Arabic numerals, these characteristics are not, however, the subject of proprietary rights, being moreover considered by certain watch enthusiasts as now forming part of the common heritage of watchmaking, other models with a similar appearance having been marketed”.
