Request rejected. Until the very end Peugeot Motorcycles Italy tried to defend itself, overturning the first instance ruling of the Court of Milan, which ordered the compensation to Piaggio. Initially, she turned to the Court of Appeal of the Lombardy capital, then she tried everything: the Cassation. Despite themselves, the Ermellinis condemned the company in the legal dispute with the Italian brand.
After considering the question, the Supreme Court responded in spades. The previous legal bodies have established the violation of the Peugeot Metropolis vehicle of the Italian fraction of a European patent of Piaggio & CSpA. The adverse decision had not, as easy to predict, made the French brand happy, determined to protect its image and financial position as long as he could. However, over the course of these long months he has continuously lost and the epilogue is the decisive final blow.
Appeal inadmissible
In this case, the patent filed by Piaggio concerns the control of the system through which a three-wheeled vehicle can tip to one side, like a traditional motorbike, an anti-roll system, introduced on the MP3 300. When they became aware of Leone’s plans, the upper levels of the Tuscan group decided to take measures. In fact, they felt cheated of the idea, while Peugeot went ahead to claim the legality of the practices. According to the defense lawyers’ theory, elements were missing that would constitute plagiarism or theft of intellectual property.
“The appeal to the Court of Cassation by Peugeot Motocycles SAS and Peugeot Motocycles Italia – based on six grounds of appeal – was not even the subject of a ruling on the merits – Piaggio explains in a note -, but declared inadmissible for having the appellants requested (new) findings of fact from the Court of Cassation that were precluded by the third instance judge and raised and contested alleged defects, in the reasons given by the Court of Appeal in support of the sentence, with criticisms that the Court of Cassation deemed it not timely and specific.
Following the aforementioned ruling, the previous sentence rendered by the Court of Appeal of Milan becomes final and the infringement of the Italian fraction of the European patent of Piaggio & CSpA is therefore definitively ascertained, the injunction against Peugeot Motocycles Italiaon the Italian territory of the import, export, marketing and advertising (including via the internet) of the Peugeot Metropolis, as well as the existence of the right of Piaggio & CSpA to obtain compensation for the damage suffered.
With a subsequent sentence (for which the deadlines for appeal in cassation are still pending) the Court of Appeal of Milan quantified the extent of the damage that Peugeot Motocycles Italia will have to compensate Piaggio & CSpa as a result of the proven counterfeiting, in over 1 million euros”.
The features of the MP3 300 scooter
The Piaggio MP3 300 three-wheeled scooter, capable of saving human lives, is one of the current highlights of the range. Equipped with a 300cc HPE engine with 19 kW (25.8 HP) and 26.1 Nm, it is an excellent choice for driving around urban streets, in the name of comfort and efficiency. No less relevant, the design is elegant and focused on driver safety. The harmony of the lines combined with the structural solidity have allowed it to make inroads among enthusiasts.
