Cantiere del Pardo has announced that the court of Genoa overseeing the lawsuit between Germany's HanseYachts and the Italian builder has determined that the Pardo 43 is not a copy of the Fjord 42. “The Community Design registered by HanseYachts concerning the Fjord 42 is not valid and all infringement accusations against the Pardo 43 are therefore unfounded,” said a court statement.
HanseYachts filed a lawsuit against Cantiere del Pardo in January. The Italian court had issued a preliminary injunction against Cantiere del Pardo that ordered it to stop building its Pardo 43. The German builder called the Pardo 43 a “Latin version” of its Fjord 42.
In its latest statement, however, Cantiere del Pardo said the court in Genoa determined that buyers would not be confused or misled by the design of the two boats and that Cantiere del Pardo did not appropriate any design features.
The statement said that any similar features are options and due to the availability of equipment from third-party vendors that it cannot control. It cited extendable biminis and hydraulic platforms as examples.
The company said that even if the court has recognised lack of liability of the Pardo 43 related to counterfeiting, that it would not “evaluate the opportunity to adopt the most appropriate measures to defend its legitimate rights.”