In a significant ruling, the Tribunal Judiciaire de Marseille has sided with AZ Factory concerning copyright infringement involving distinctive patterns, emphasizing the brand’s innovative use of blockchain technology to substantiate ownership. On March 20, 2025, the court determined that AZ Factory, established by the late Alber Elbaz and owned by Richemont, effectively proved its authorship and copyright over two of Elbaz's iconic prints, which a wholesale company had been unauthorizedly replicating in its apparel offerings. The dispute originated in 2022 when AZ Factory filed a lawsuit against S.A.R.L. Valeria Moda, asserting that the wholesaler was marketing clothing that bore unauthorized reproductions of the renowned “Love from Alber” and “Hearts from Alber” patterns. These silk garments, characterized by cartoonish representations of Elbaz and vibrant heart motifs, have become symbolic of the designer's enduring legacy and were integral to the brand’s 2021 tribute collection. The court recognized the originality of the designs, affirming that it was grounded in Elbaz’s unique artistic vision, and highlighted Valeria Moda’s production of nearly identical designs, albeit using inferior materials and selling them at lower prices, as an infringement on AZ Factory's copyrights, compromising its moral rights. Consequently, Valeria Moda was ordered to compensate AZ Factory €11,900 in damages and legal fees and to cease all infringing activities, including the destruction of infringing stock. Notably, AZ Factory’s reliance on blockchain technology to timestamp and capture the digital fingerprints of Elbaz’s original sketches played a pivotal role in the court’s decision. This innovative approach, utilizing BlockchainyourIP to secure the designs, serves as a potential alternative to traditional copyright protection methods, affirming the growing recognition of blockchain as a vital tool for safeguarding intellectual property rights in the swiftly evolving digital marketplace.
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