Courts in China and France Order Defendants to Pay Damages and Cease Infringement of Designs

WASHINGTON, Feb. 28 /PRNewswire/ -- Courts in both China and France have ruled in favor of Fine Arts Lamps, an international manufacturer of decorative lighting, in two separate copyright infringement lawsuits. At issue in both cases were the copying, manufacturing, and sale of Fine Arts Lamps' copyright- protected designs. The Chinese case is being called a landmark decision as the first Chinese court decision to protect lighting fixtures as copyrightable subject matter. The decision was recently identified by the Beijing No. 2 Intermediate People's Court as one of its "Top 10" intellectual property cases of 2006.

Fine Arts Lamps filed lawsuits in both China and France after it became aware that its copyrighted designs were being infringed by Great Beam Lighting, a lighting fixture manufacturer located in China, and by Anel Diffusion, a lighting fixture distributor in France.

In defending the lawsuit, Anel claimed that Fine Arts Lamps' creations were not original and thus Fine Arts Lamps could not claim copyright in any of the 20 creations that Anel displayed at the trade show and were the subject of the lawsuit. On October 26, 2006, the French court rejected this defense and ordered the defendants to cease all sales of the 20 lighting fixture designs. It also ordered the defendants to pay to Fine Arts Lamps 160,000 euros (approximately USD $210,000) in damages, 20,000 euros in legal fees, and all court costs. Moreover, the French court ordered the defendants to pay for the publication of the judgment in three publications to be chosen by Fine Arts Lamps, up to a maximum cost of 3,000 euros per publication. Anel has appealed the judgment before the Versailles Court of Appeals.

In defense of the lawsuit in China, one defendant denied that it manufactured the lighting fixtures and distributed the catalogs at issue in the case, while the other defendant argued that it did not know the lighting fixtures they sold were infringing, and it had little knowledge of the infringing photos contained in its brochure. On December 19, 2006, in what is apparently a copyright case of first impression in China, the Beijing No. 2 Intermediate People's Court's decision of first instance concluded that the lighting fixture designs at issue are recognized and protected under the Copyright Law of China "as artistic works with utilitarian function." Chinese court decisions are not afforded any precedential status in China.

The court ordered the defendants to stop all sales of the infringing designs and to stop printing and distributing the infringing catalogs. The Chinese court awarded approximately USD $25,000 in damages, costs and attorney fees to be paid to Fine Arts Lamps (damages awards in China are typically much lower than those in the U.S.) and the defendants were ordered to publish apologies to Fine Arts Lamps in The Beijing Daily. The award of public apologies is particularly significant because, in China, some defendants would prefer to pay more money in damages rather than have to make public apologies. Both defendants have filed an appeal, which is currently pending.

"The French and Chinese court judgments are victories for Fine Arts Lamps, as well as its distributors and customers," stated Max Blumberg, Chairman of the company. "Fine Arts Lamps will continue to pursue those who infringe our original designs, whether the infringers are located in the U.S. or other parts of the world."

Fine Arts Lamps is an international manufacturer of distinctive and prestigious decorative lighting for interior and exterior applications. Founded in 1941 by Jack Blumberg, the Miami, FL based company offers over 700 original fine lighting designs that are marketed through residential and contract distributors in more than 59 countries throughout the world.

In the U.S., Fine Arts Lamps is represented by Diane Duhaime and Amor Rosario of Jorden Burt LLP; in France, by Rebecca Delorey and Nathalie Ruffin of Gilbey de Haas; and in China by Jianyang Yu and Kai Yang of Liu, Shen & Associates.
 

  CONTACT:  Vickie Gray            Lacey Withington
            Jorden Burt LLP        Levick Strategic Communications
            (202) 965-8121         (202) 973-1349
            vjg@jordenusa.com      lwithington@levick.com

Source: Jorden Burt LLP

CONTACT: Vickie Gray of Jorden Burt LLP, +1-202-965-8121,
vjg@jordenusa.com; Lacey Withington of Levick Strategic Communications,
+1-202-973-1349, lwithington@levick.com for Jorden Burt LLP