Chanel v. Jonak, or the strict condemnation of parasitic behavior
In a ruling handed down on October 17, 2022, the Paris Commercial Court found JONAK guilty of parasitism following the marketing of shoes strongly inspired by an emblematic Chanel model.
October 2024
By Théo Coquis
and Pierre Favilli,
Industrial property attorney,
Managing Director, LEGIMARK
Chanel appealed against the decision, supplementing its case with additional evidence, including certificates of expenditure on communication and surveys, to demonstrate that its "slingback" shoes had an individualized economic value, justifying both moral and economic damage greater than the previous estimate by the commercial court that ruled on the dispute (less than 20,000 euros).
The two-tone beige and black model imagined in the mid-20th century by Gabrielle Chanel has become a Chanel icon. By creating two models, DHAPOU and DHAPOP, Jonak has taken on the characteristics of the famous brand's previous model, obliging it to pay compensation for the economic and moral damage caused.
The counterfeit models take on the specific characteristics of Chanel's "slingbacks", starting with the black toe delimited by a straight line, identical proportions, with the same indentation largely uncovering the top of the foot, all combined with a heel of identical height.
In a ruling handed down on October 16, 2024, the Paris Court of Appeal upheld the Commercial Court's decision under article 1240 of the French Civil Code, while recognizing that the overall visual impression of the two models was similar.
For this reason, it ordered the JONAK company to pay 150,000 euros and 30,000 euros respectively for the resulting economic and non-material damage.
In fact, it bases its approach on an estimate of the number of products sold, with a margin of 60%. With regard to moral prejudice, this is based on the dilution of the appeal of Chanel products, as argued by the applicant company. This remedy also entails the withdrawal and banning from the market of the disputed products for the future.
In this case, the Paris Court of Appeal confirms the importance of possible penalties and reparations for economic parasitism.
LEGIMARK, a firm of industrial property attorneys, is at your disposal to support you upstream of all commercial projects and communication campaigns, in order to assess and eliminate potential legal risks.