Respect for judgment
The Court of Justice of Genoa ruled in favour of Hanse Yachts in its complaint against the Del Pardo yard on 16 January 2018. The dispute concerns the Fjord 42 and Pardo 43 models. The Italian yard indicated that it respected the decision, but appealed against it and was counting on a victory in the coming weeks. Moreover, it specifies that the verdict applies only on Italian territory.
Judgement of boaters
In its press release, the Del Pardo shipyard contested the court's interpretation. The judgment is based on the finding of unfair competition, which means, according to Italian law and case law, that the average consumer of this type of boat could consider that the Pardo 43 is a Hanse brand boat, he explains. With 30 boats sold in 6 months to experienced boaters, the yard believes that the truth proves the contrary.
Fjord 42 design protection invalid
Furthermore, according to Pardo Yachts' interpretation, the Community design protection of Fjord 42 was declared invalid by the court. In view of the Fjord 40 and Fjord 48, it is only an additional boat of the Fjord range, without novelty from the legal point of view.
Avoid damage to the nautical industry
The management of the Del Pardo shipyard says it regrets the controversy that could harm the entire boating industry. "We are confident that this episode will end quickly with a positive outcome for our shipyard," explains Fabio Planamente, general manager of Cantiere Del Pardo SPA.
