Shop Till Yous Drop… Your Claim… Stores’ Layout Protected Past Times French Copyright

After the recent illustration of the Jimi Hendrix photograph (see here in addition to here), nosotros select simply about other illustration nigh the importance of originality inward French copyright. This time, the illustration is whether retail stores’ layouts are master plenty to hold out protected past times copyright.

An Italian cosmetics store (K) amongst stores in addition to French Republic had filed a copyright infringement in addition to unfair contender suit against a French cosmetics in addition to accessories fellowship (F), claiming that it had copied the specific layout of its points of sale. K claimed that its stores’ layout is master in addition to protected past times the French droit d’auteur (referred from instantly on every bit copyright.) K’s store displays, display panels, cash counters, color coding, the advertising panels on the exterior store windows, were claimed every bit original.

The get-go court, the tribunal de grande illustration de Lille, ruled inward favor of K inward May 2015, in addition to F appealed, claiming that K’s layout was non master plenty to hold out protected past times copyright, in addition to that inward whatever case, the layout of its stores was like to the layout of F’s.  On May 16, 2017, the Douai Court of appeals ruled inward favor of K (CA Douai n° 15/03286).

French constabulary protects industrial plant which are original, regardless of their artistic merit

The Douai Court of appeals cited article L 111-1 of the French Intellectual Property Code, nether which the writer of a travel of the postulate heed has an exclusive correct of intangible holding which is binding on all. This correct includes patrimonial rights every bit good every bit moral rights. The courtroom too cited article L 112-1 of the same Code, which provides that the rights of authors on all industrial plant of the mind, regardless of the genre, cast of expression, merit or destination, tin hand the axe hold out protected past times copyright. This is the so-called théorie de l’unité de l’art, the theory of the unity of art, which prevents judges to assess the artistic value of a travel protected past times copyright.

Under French law, a travel is protected past times copyright if it is tangible or if it is fixed, in addition to if it is original, pregnant that it bears the imprint of the personality of its author. The Court of appeals explained that “creation is defined past times a production of the postulate heed which manifests itself inward an effort, no affair how small, but which is for certain in addition to demonstrates an aesthetic bias bearing the imprint of the personality of its author, in addition to which are non uncomplicated transpositions or declinations, thus conferring on the object a graphic symbol of originality in addition to novelty.”

The layout of K’s stores

K described its stores’ layout every bit i which uses construct clean lines in addition to which organizes the cosmetics inward such a agency that the customer’s gaze volition select no obstacles. K argued that this, “combined amongst the specific shape of the slice of furniture in addition to the presence of linear elements, gives [the layout of K’s stores] a visual lawsuit rattling much master which reveals a truthful creative contribution inward the arbitrary alternative of the arrangements.”

K uses white display units, which are “arranged on each side of the store in addition to over its entire depth in addition to which select drawers inward their lower part.” The upper business office of the display units in addition to their lower parts, which are drawers,

“are inclined at unlike angles, which gives a triangular appearance to the profile of the display.” The colors used inward the stores are gradual, in addition to the alternation of products embedded inward the white slice of furniture sometimes inward a vertical position, sometimes inward a horizontal position, [creates] a visual aspect both linear in addition to pictorial.” K argued that the arbitrary combination of all these elements “presents an solely singular, modern in addition to futuristic appearance, which is hence original. “

F had argued that the layout did non acquit the imprint of the personality of their author, in addition to that the mere combination of these elements, which are non original, is non master either. F too claimed that it had used these elements, especially the displays in addition to the screens, earlier K, in addition to that its color code was non the same every bit the i used past times K, which used purple, a color non used at all past times F. As for the dark in addition to white color used inward both stores, F noted that “they are especially banal colors and [that K] cannot invoke the purpose of a nighttime color on the flooring to claim whatever right.”

The layout of K’s stores is protected past times the droit d’auteur

The Court recognized that French copyright protects interior pattern such every bit

“the beat of color in addition to the layout of a store chain” in addition to explained that “[w]hen this protection is contested inward defense, the originality of a travel must hold out explained past times the individual who claims to hold out the author, that is the only individual able to seat the elements expressing his personality…. [and that] the exploitation of a travel past times a moral entity nether its shout out shall presume that this moral entity [owns the copyright].”

The Court farther explained that:

“In the applied arts, originality oft arises from a novel combination of already known elements, from the creation of master forms, novel materials, in addition to decorative effects, which are distinguished from those previously known past times their singularity or distinctive graphic symbol which limited the personality of the writer past times conferring a personal cast on his work.”

This was the province of affairs inward the acquaint case.

The courtroom thus described K’s stores:

“- the shape of the triangular display case, inward lacquered white, inward which the drawers containing the products jibe completely, is specific, since it has 2 Inverted slopes, creating a smoothen in addition to rounded appearance, reinforcing the aerial in addition to futuristic character,

- the organisation of these pieces of slice of furniture on each side of the store in addition to the alignment of the products reinforces the interplanetary space unfinished visual aspect in addition to its construct clean nature,

- the juxtaposition in addition to the alternative of colors (purple, white, black) in addition to their regular beat (dark flooring in addition to white slice of furniture topped amongst a white headband amongst LCD dark screens in addition to a regal background) reinforce the linear aspect,

- the juxtaposition of colors in addition to inward item the purpose of dark in addition to white contribute to convey to postulate heed the attributes of luxury in addition to heighten the impression of modernity,

- this search for modernity in addition to futurism is accentuated past times the layout of LCD screens  on travel past times of the furniture, their presence inward showcases of 'advertising lollipops' showing movies, in addition to the purpose of recessed lighting inward the ceiling inward the cast of circles of unlike sizes.”

The Court of appeals ruled that the layout of K’s stores, thus described, is protected past times copyright because

“K has thus declined in addition to transposed all these elements inward a reflective in addition to singular mode amongst a persuasion to producing a distinctive lawsuit in addition to a clear visual identification inward society to satisfy the company's ain concept of marketing of make-up products inward an surroundings in addition to a setting which are reminiscent of luxury in addition to modernity.”

“The layout of K’s stores is hence characterized past times an master combination of shapes in addition to shades, which is exactly defined, in addition to which is an aesthetic bias in addition to which reveals a creative endeavour indeed demonstrating the personality of its writer in addition to attests to the search for a distinctive configuration, thus distinguishing itself from layouts which may hold out of the same vogue in addition to implementation of uncomplicated know-how.”

The Court of appeals too constitute that F had tried to capture K’s clientele, past times taking wages of K’s “intellectual in addition to fiscal efforts to laid upwards its distinctive concept, depriving it of its singularity in addition to diluting the specificity of its concept,” which the Court of appeals constitute to hold out unfair completion practices. K was awarded damages in addition to ordered F to dismantle its stores’ layout.