Yesterday the Utrecht district court delivered its long-awaited verdict on the claims of Marlies Dekkers (‚MD‛) against Sapph regarding copyright infringement and unlawful imitation of the lingerie of MD. MD's most important claims have been upheld. In fact the verdict consists of a general injunction (fortified with a penalty for non-compliance) on copyright infringement, with particular regard to a specified number of bras/briefs, while the court specified precisely the particular copyright-protected features, including the specially designed straps above the cup that are so characteristic for MD.
As regards the number of bras/briefs specified, Sapph will also have to provide information on its purchase and sales figures, verified by an accountant, and, at the discretion of MD, pay damages (including loss of profits) still to be assessed by the court or surrender its profits. The verdict also contains and award of legal costs of approximately € 50,000. Sapph has already announced in the media that it intends to appeal the verdict.
The NautaDutilh team consists of Charles Gielen and Marlous Schrijvers