MONTRÉAL, July 30, 2015 /CNW Telbec/ - On July 27, 2015, The Honourable Robert Mongeon, J.C.S., of the Superior Court of Québec has ruled in the case of Georges Marciano against Guess? Inc. and Revlon International Corporation. This Superior Court of Québec decision is no. 500-17-087797-158.
In April of 2015, Georges Marciano opened a case seeking a ruling for C $ 21 million in the Superior Court of Québec, with a request for a permanent injunction for Guess to cease all marketing of any product bearing his name, and to remove any mention of "Guess by Georges Marciano" from the Internet.
In response to this, Guess denied any wrongdoing, and contested the jurisdiction of the Québec Superior Court to rule in this matter.
Following requests made by each party and based on an expanded jurisprudence, the Honourable Robert Mongeon concluded the following:
Excerpts from the ruling:
- "for the purposes of this issue, the online purchase of products entered into evidence in this case is equivalent to a purchase of the same product in a store located in Québec";
- "that the Applicants have demonstrated the existence of a genuine and substantial connection with Québec, it can thus be concluded that the financial damage occurred here";
- "consequently, Guess' objection as Defendant is overruled"
- "as Guess' application for inadmissibility is based on Article 165 (4) CCP, the legal syllogism of alleged fault, damage and a causal link is present and if all the facts alleged in the amended motion to institute proceedings are proven, a court could rule conclusively against Guess." Guess could argue that there is no link between it and the said products but it would bear the burden of proof;
- that "if in Infineon", cited in the judgment, "the online purchase in Québec of a computer manufactured outside of Québec was recognized as sufficient cause to give jurisdiction to the Superior Court of Québec, the online purchase of 'Guess by Georges Marciano' products would also thus indicate wrongdoing in Québec and cause damage to the Applicants here in Québec";
- that "this action cannot be rejected at this stage of the proceedings on the basis of Article 165 (4) CCP";
- that "the inadmissibility argument" presented by the defendants, "is also rejected";
- finally, "FOR THESE REASONS, the Court DENIES the Defendants' (Guess ? Inc. and Guess ? IP Holder L.P.) request, with costs.
Mr. Marciano reserves the right to pursue proceedings and to request audits of all sales of cosmetics, fragrances or other products bearing his name; such sales have been forbidden since 1993.
SOURCE Georges Marciano
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