News > Swiss Directories and Yellow Pages IPR infringements on ATC content are condemned in court
30/06/2008

 
 

SWISS DIRECTORIES AND YELLOW PAGES IPR INFRINGEMENTS ON ATC CONTENT ARE CONDEMNED IN COURT 

Content provider of an important part of the Swiss traditional and new media, AllTheContent.com's mother company Tout Le Contenu SARL just won in court against The Guide Company AG (TGC), subsidiary of Publigroup, that were using illicitly our content in various publications, including Yellow Pages and Swiss Directories.

The conflict was on illicit use of our content in various TGC publications, and on the fact that those publications were not credited in those incriminated printed products, including city guides and the guide part of the Yellow Pages or Swiss Directories of various Swiss cities.

Following unanswered couriers from our lawyers, the claim was introduced to court in December 2007. Interestingly enough, in summer 2006, the exact same problem led TGC's management to commit in written at the highest level (both CEO and publishing director) that such infringement would never occur again. During the process, our opponent has tried to slow down the procedure and to pressure us with increasing legal cost by various means. While receiving various financial proposals for a settlement, the opposing party was contesting in court the existence itself of content related right, denying so the existence of ATC's work.

Finally, the Court does acknowledge the illicit use of our content and confirm our rights in regards to the provided content, as planned in the contract. Furthermore, the other party now commits - in front of state authority - to respect the terms and conditions for the usage of the provided content from now on. Although the illicit use of our main product (content) in print products distributed in every households like the Yellow Pages was acknowledged, the Court strangely evaluated that our company did not suffer any damages.

Counsel of AllTheContent, Eric Vazey stays "very perplex in front that evaluation of damages". On our side, we very surprised to have to spend so much money in legal expenses in a procedure where we fully won and where all the expenses could have been avoided by answering our request before legal action. In order to have a really fair and equal decision, we are now studying further legal action at the Swiss Federal court.