Two French companies concluded a contract with a Spanish seller for the sale of some furniture, a part of which turned out to be counterfeited. As a result, the parties entitled to copyright and exclusive manifacture and sale of the furniture brought an action against the two French companies. These latter claimed, inter alia, for intervention of the Spanish seller as guarantor on the basis of Art. 42(1) CISG.
As to the main issue, the Court found that the buyers were responsible for forgery. Therefore it ordered the seizure and the destruction of the counterfaited goods at the buyers’ expense, as well as payment of damages.
With respect to the claim for intervention, the Court, after declaring to have jurisdiction over the case, found that CISG was applicable (1(1)(a) CISG). However, since at the time of conclusion of contract the buyer had knowledge of the identity of the author of the original models and, therefore, as a professional in this area it could not have been unaware that the furniture sold by the Spanish seller were counterfeited, the buyer's claim for intervention of the seller as guarantor under Art. 42(1) CISG was denied.
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