Copyright: Jeff Koons and the Pompidou Center convicted on appeal for counterfeiting a Naf-Naf advertisement


On February 23, 2021, the Paris Court of Appeal upheld the conviction of Jeff Koons and his company and ruled that the sculpture “Fait d’hiver” was indeed a counterfeit of the work of Franck Davidovici. The “Pompidou Center” was also condemned for having exhibited the disputed sculpture during the retrospective exhibition devoted to the artist in 2014.

However, the Court increases the damages awarded to the publicist, which for each defendant amount to 190,000 euros for each defendant. The damages also include a ban on exhibiting and reproducing the sculpture. Consequently, any dissemination of the disputed sculpture on the Internet must be withdrawn, failing which a penalty payment of 600 euros per day will be imposed.

In any case, UGGC Law Firm and its team specialized in intellectual property law are at your disposal for any questions you may have on this subject and in particular to help you assess the margin of freedom authorized for the resumption of a pre-existing[1] creation.

By the IP/IT team of UGGC Law Firm

Judgment references: Paris Court of Appeal, Pôle 5, Chamber 1, February 23, 2021, No. 19/09059

Sources : Le Figaro

[1] Article L. 122-5 of the Intellectual Property Code

Cannes 2022: "Transposition of the AVMS Directive", with Anne-Marie Pecoraro, Corinne Khayat and Rodolphe Boissau

After a 73rd virtual edition because of Covid-19 and a 74th edition shifted in July to be organized in person despite the pandemic, the 75th edition of the Cannes Film…

The European Commission adopts a proposal for a Data Act

Watches, thermostats, lights, cameras, TVs, robots, scales… these objects all have in common that they present versions of themselves in so-called connected object versions; and the list is not exhaustive,…

The transfer of audiovisual catalogs

The law n° 2021-1382 of October 25, 2021 relating to the regulation and protection of access to cultural works in the digital era has brought some changes that reinforce the…