This is an informal case summary prepared for the purposes of facilitating exchange during the 2025 WIPO IP Judges Forum.
Session 7: Calculation of Damages in Civil Proceedings
Court of Appeal of Paris, France [2024]: Mrs [K][S] v Glustin, Case No. 23/05701
Date of judgment: November 15, 2024
Issuing authority: Court of Appeal of Paris
Level of the issuing authority: Appellate Instance
Type of procedure: Judicial (Commercial)
Subject matter: Competition, Copyright and Related Rights
Plaintiff: Mrs [K][S]
Defendant: Glustin
Keywords: Copyright infringement, damages, compensation
Basic facts: Ms. [K][S] claimed that S.A.R.L Glustin (“Glustin”), a furniture retailer, had infringed her copyright in several furniture designs. On February 8, 2023, the First Instance Court of Paris recognized copyright protection, found infringement, awarded Ms. [K][S] an interim payment of EUR 10,000, and ordered Glustin to disclose information to facilitate an amicable determination of damages. Ms. [K][S] appealed the decision.
Held: The Court of Appeal of Paris overturned the first instance decision and awarded Ms. KS full compensation, including moral damages.
Relevant holdings in relation to Calculation of Damages in Civil Proceedings: Based on the partial information submitted by both Ms [K][S] and Glustin, the Court of Appeal assessed the damages by considering the different aspects of the loss and awarding a lump-sum compensation for copyright infringement.
Relevant legislation: Article L.331-1-3 of the French IP code.