PROPERTY OF THE MANGUSTA BRAND
Overmarine Group wishes to announce that, in the precautionary procedure started by Mangusta S.r.l., Overmarine S.p.A. and Overmarine Due S.r.l. against SNP Service Navigation de Plaisance Boat Service SA (SNP) part of the Rodriguez Group of Cannes in France, the section of Florence Law Court specializing in the matter of Industrial and Intellectual Property decided to prohibit SNP Service Navigation De Plaisance Boat Service SA with an ordinance dated 13th May 2011 from using the expression and brand “Mangusta” in advertising, on its websites, on its META tags and generally in its work; to prohibit the same company from carrying out any unfair competition like that which has been described in the appeal (not to have informed the market of the cancellation of the contract of distribution with the Mangusta group; having implemented activities which led to the belief that the previous contractual relationship with said group still existed; to have declared to be the owner of the property rights and/or others which have not been better specified for the “Mangusta” brand; to continue releasing advertising messages containing the “Mangusta” brand).
Moreover, it was decided that the sum of Euro 10,000 would be paid by the same company and in favour of the claimant companies for each day of delay in carrying out the provision and for every non-observance or violation subsequently ascertained; to arrange for publication of an informative announcement on the website of the defendant www.rodriguezgroup.com, admitting that the exclusive distribution contracts between SNP and Overmarine having as their subject the resale of “Mangusta” brand yachts had been terminated; and lastly to condemn the company for resisting payment of the legal costs sustained by claimants, which are liquidated in Euro 1500 for duties and Euro 2500 for fees, besides reimbursement of general expenses, VAT and CPA as per the law.
SNP appealed against this sentence and, on 11th July 2011, the panel of judges rejected the request put forward by SNP, confirming in full that which had been provided for in the sentence of 13th May 2011.
Since termination of the contract with SNP in August 2010, Overmarine Group has been selling Mangusta yachts, comprising models 72’ to 205’, both directly and through selected partners.
