Laura Todd, the company famous for its cookies, had commissioned the architectural firm Cinqtrois to develop an architectural concept for its Parisian shops. Having reproduced this concept in shops other than those specified in the contract, the firm sued its client for copyright infringement, unfair competition and free riding.
While architectural architects’ sketches may well be included in the list of works protectable by copyright, the elements claimed in this case, namely a gallery of photographs on the wall, a tiled floor, tiled walls, the coral color, the wall shelves, the American-style facade and the interior glass roof, were not recognized as sufficiently original to qualify for copyright.
The Court also dismissed the action brought based on parasitism and unfair competition in application of the principle of non-cumulation of tort and contractual liability. In the case in point, the Laura Todd company had in fact violated a contractual clause and could not therefore be sued in tort.
