Jul 15 2018

Dassault Systèmes successfully defends its intellectual property rights on Homebyme

In order to defend its “Homebyme” offering, 3DVIA (now merged into Dassault Systèmes), initiated in December 2015, in front of the commercial Court of Versailles in France, a lawsuit against the company Wanadev S.A.R.L., publisher of the software Wanaplan (also exploited under the name “Kozikaza”).

In a decision from April 11, 2018, Wanadev S.A.R.L. was found guilty of unfair competition and free-riding practices by the commercial Court of Versailles.

More particularly, the Court:

  • declared the voluntary intervention of DASSAULT SYSTEMES admissible
  • rejected exhibits 25 and 26 relating to the bailiff’s reports issued by Mr Perrier and Mr Fradin, bailiffs
  • said that WANADEV carried out unfair competition and free-riding practices
  • ordered WANADEV to pay to DASSAULT SYSTEMES the amount of EUR 50,000 as damages
  • ordered WANADEV to cease to exploit the Wanaplan software in its original version as made available online in October 2013, regardless of the reference under which it is exploited, at the latest within 30 days after the service of this judgement, under penalty for non-compliance of EUR 1,000 per day of delay and per violation of this injunction
  • authorized DASSAULT SYSTEMES to publish the order of the instant judgement, in whole or in part, in French and in English, on its website, to the exclusion of its affiliate companies’ websites
  • dismissed all other pleas of DASSAULT SYSTEMES
  • ordered provisional enforcement of the judgement pending appeal
  • ordered WANADEV to pay to DASSAULT SYSTEMES the amount of EUR 10,000 pursuant to the provisions of Article 700 of the French Code of Civil Procedure
  • ordered WANADEV to pay the legal costs including court fees of EUR 162.24.