E-BOX is condemned for damaging La Poste and counterfeit
La Poste initiated a legal action against E-Box on 6 June 2006 and requested the cancellation of trade marks arguing the similarity to La Poste brands and claiming it could create confusion to the consumers. La Poste also requested EUR 215,000 for compensation.
In response, E-BOX replied claiming that La Poste has unfair competition and abuse of dominant position for the realization of the self service project 24/7 proposed by EBOX from 2001 to 2004 (in partnership with La Poste). E-BOX also requested EUR 2 million for compensation.
The brands subject to the legal actions were presented to the pertinent French authorities after the promulgation of the postal law in May 2005 which created the ARCEP organization (French postal regulator).
E-BOX considers that the simultaneity of the action forces in justice against E-BOX and the launch of CITYSSIMO (www.cityssimo.fr) in 2006 (automatic delivery of parcels of La Poste) is not a coincidence.
On 11 March 2008, after 2 years of legal procedures, the Court of Justice issued its decision (This sentence is provisional since one of the parts can still appeal):
The tribunal:
– Condemns E-BOX for counterfeiting by imitation of the following brands: ’agence postale rapide ebox’’, agence postale jaune’’, agence postale orange’’,’’agence postale erte’’, ‘’point poste jaune’’, ‘’point poste orange’’, and ‘’point poste vert’’. E-BOX must pay to La Poste EUR 20,500.
– Declares inadmissible the counterclaim of EBOX against La Poste
In revenge the tribunal:
– Don’t approve the nullity of the ’agence postale rapide e-box’’ brand
– Declares the validity of the following E-BOX brands: ‘’post ebox’’, “e-box, l’ autre poste’’, et ‘’e-box, une autre idée de la poste’’.
E-BOX is not going to appeal to this sentence due to the lack of financial resources.
In 2006, E-BOX in a context of opening to the competition of the postal markets, several times nominated to “World Mail Awards” for IT innovation (*), nourished a legitimate ambition of development of its concept of fast station and self-service service 24/7.
After 2 years of legal process, E-BOX:
– Stopped the exploitation of the first point French automated parcel on October 30, 2007
– Proposes the dismissal of the full time employees
– Presents negative Capital stocks at the end of 2007 in spite of a strong capitalization (EUR 1.680.000).
E-BOX will call to a General Meeting at the end of April 2008 to discuss the possibility to declare the company in bankruptcy.
(*) In 2006, the company was nominated twice to World Mail Awards (Innovation and technology categories).
