Plaintiff's ornamental design right for bottles is infringed by defendant's commercial use in mineral water sales.

The Supreme Court dismissed the cassation appeal against the lower court's judgment in favor of the defendant. The plaintiff claimed infringement of their ornamental design rights on plastic bottles used for mineral water, while the defendant argued they were merely a reseller and not a producer. The court ruled that the exclusive right to use the design belongs to the producer and is infringed by any commercial use in a business, regardless of who manufactures the specific bottles. Consequently, the defendant's prior use or lack of production status did not exempt them from liability for the economic effects generated by selling the water in the protected design.