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
First Instance Court of Paris, Third Chamber, France [2024]: Guinot v Laboratoire Z, Case No. 22/0697
Date of judgment: March 13, 2024
Issuing authority: First Instance Court of Paris
Level of the issuing authority: First Instance
Type of procedure: Judicial (Commercial)
Subject matter: Trademarks, Competition
Plaintiff: Guinot
Defendant: Laboratoire Z
Keywords: Civil and commercial law, unfair competition, trademarks, infringement, damages, compensation
Basic facts: Guinot, a cosmetics company, owns several trademarks in Franc and the European Union, including “Bioxygène,” “Pro oxygène,” and “Détoxygène.” It claimed that Laboratoire Z marketed products under the sign “Pur oxygène” and used advertising visuals similar to its own, amounting to trademark infringement and unfair competition. Laboratoire Z denied liability and counterclaimed for the nullity of Guinot’s marks.
Held: The First Instance Court upheld the validity of Guinot’s trademarks, found that Laboratoire Z’s use of “Pur oxygène” constituted trademark infringement and that its advertising amounted to unfair competition. After finding the trademark infringement, the Court ordered Laboratoire Z to cease use of the contested mark and advertising and to pay Guinot EUR 220,000 in damages for infringement (based on a calculation that included the commercial information provided by Laboratoire Z and Guinot), and EUR 5,000 for unfair competition.
Relevant holdings in relation to Calculation of Damages in Civil Proceedings: The Court applied Article L.716-4-10 of the French IP Code, which requires damages to be assessed distinctly by considering (i) the negative economic consequences (lost profit and loss), (ii) moral prejudice, and (iii) the infringer’s profits, including investment savings. Guinot was awarded €203,526.40 for economic loss (based on proven sales volumes and average margin, with a 0.5 transfer rate) and an additional amount for moral damage, resulting in a total of €220,000 for trademark infringement.
The Court applied the principles of the Cristal de Paris ruling (Cass. com., 12 février 2020, Cristal de Paris, n° 17-31.614) on unfair competition and trademark infringement.
Relevant legislation: Article 9 of the European Union Regulation 2017/1001, L.713-2, L.716-4-10 French IP Code, 1240 (previous 1382) of the French Civil Code, setting the principle of personal civil liability for fault.