Taiwanese company pays TWD6 million for imitation of French luxury branded bags
E180831Y3 | Oct. 2018（E227）
A Taiwanese company, 2R International Co., Ltd. (hereinafter “2R International”) is suspected of imitating the appearance of the branded French C'eline Luggage of C'eline, Givenchy Pandora and Givenchy Antigona of Givenchy, and so forth by the four kinds of women’s leather bags 2R International made and sold under the designation of “微笑之星smile”, against which C'eline and Givenchy filed a lawsuit against 2R International with the Taiwan IP Court in 2017. The IP Court rendered a judgment sustaining 2R International’s offense of imitation alleged against it, ruling that 2R International should pay to C'eline TWD2 million and to Givenchy TWD4 million, respectively, in damages and should never use or make any leather bags of similar types.
According to the IP Court judgment, the C'eline Luggage bag, Givenchy Pandora and Givenchy Antigona bags are of artistic and creative pieces of works to some extent, rather than products made simply out of mold or machine; that is, these branded bags are works of artistic techniques and thus should be eligible for Copyright Act protection as artistic works. Besides, the four types of women’s bags in question made and sold by 2R International are highly similar to the C'eline Luggage bag, Givenchy Pandora and Givenchy Antigona bags in their overall appearance. Therefore, the IP Court affirmed and sustained 2R Internatinoal’s infringement. (August 2018)