Invalidity of a bailiff’s statement of purchase where such purchase is made by an intern with the law firm of the applicant

Invalidity of a bailiff’s statement of purchase where such purchase is made by an intern with the law firm of the applicant

In a case opposing CHRISTIAN DIOR COUTURE to ZARA (copyright and design infringement), the Court of Appeal of Paris ruled that the statement of purchase of sunglasses (claimed to be counterfeiting) drawn up by a bailiff is invalid where such purchase was done by an intern with the law firm of the applicant and the statement does not mention it.

The Court ruled that it violates the principle of loyalty in relation to the rules of evidence.

Cour d’appel de Paris, Pôle 5 – chambre 2, 18 octobre 2019, n° 18/08962