GIVENCHY VICTORIOUS OVER GPCD
Byline: Vicki M. Young
NEW YORK — Parfums Givenchy Inc. and General Perfume & Cosmetic Distributors Inc. have settled a dispute over Givenchy’s claims that GPCD infringed on Givenchy’s U.S. copyrights through its sale in the U.S. of copyrighted merchandise manufactured abroad.
The settlement is part of a consent decree, filed in late June in a Los Angeles federal court, that has resulted in a permanent injunction against GPCD and requires GPCD to pay Givenchy $3,182. The injunction permanently bars GPCD from “importing, selling, advertising, marketing, or otherwise distributing” any reproductions of the Organza Indecence box design and sculpture. As part of the settlement, GPCD also agreed to turn over copies of all invoices relating to its purchase of Organza Indecence products.
Givenchy filed its lawsuit on Feb. 17. The lawsuit was part of a series of such actions that have resulted in permanent injunctions barring the sale of gray market goods. Gray market goods, also known as parallel imports, are genuine products protected by copyright, trademark or patent laws that are imported into the U.S. without the consent of the U.S. intellectual property rights owner. Gray market goods deprive the intellectual property right holder of the full value of its investment. In certain instances, the parallel import can pose potentially harmful health risks to the consumer because the product bypasses U.S. quality control and shelf-life requirements.