Cantiere del Pardo says it expects an order by an Italian court to halt sales and production of the Pardo 43 to be overturned in the next few weeks. The Italian builder was replying to a press release from HanseYachts saying that it had obtained a temporary injunction against the Italian boatbuilder for building what it called a “Latin version” of its Fjord 42. The boat in question is the Pardo 43.
HanseYachts CEO Jens Gerhardt called the injunction an “important partial victory” for his company. “The copy of an entire boat is something that we cannot accept,” Gerhardt said in the statement.
Cantiere del Pardo expects the order to be quickly overturned. “We trust that this decision will be overturned in appeal in the next few weeks,” said its statement. The Italian builder said it had “behaved correctly and respected the rules of competition.”
Cantieri del Pardo also pointed to flaws it sees in the court order. The company said that, under Italian law, the temporary injunction assumes that the “average consumer” would consider the Pardo 43 a HanseYachts’ boat. “The facts seem to show exactly the opposite, since we have already sold 30 boats in just six months to very experienced clients who bought the Pardo 43 for its own features,” said the statement.
It also said the Italian court ordering the temporary injunction argued that the Community Registered Design regarding to the Fjord 42 should be “declared null and void,” because of the existence of previous models, the Fjord 40 and Fjord 48. “The design of the Fjord 42 should not be considered – at least from a juridical point of view – new and characterising, but simply another boat of the Fjord line,” said the statement.
Fabio Planamente, general manager of Cantiere del Pardo, is disappointed with the temporary injunction. “The polemics spread out after the issue of the Italian Court’s decision are rushed and risk to damage the entire nautical world,” he said in a statement. “We are confident that this episode will end soon with positive outcomes for our shipyard”.