The debate over the protection of the iconic “AUDI” logo in Poland is currently being renewed (see here). An injunction was sought by AUDI to stop another party from importing, offering, marketing, and advertising radiator grilles that bear a sign that is identical to or similar to its EU trade mark (“EUTM”) for the following…
The German Federal Court of Justice (“BGH”) held in its decision “Papierspender” (“Paper Dispenser”) that a Community design was not automatically caught by the functionality provision of the Community Design Regulation because it had appeared in a patent application. The decision highlights the importance for product developers to keep detailed records, already during product development,…
This case, L’Oréal Société Anonyme & L’Oréal (UK) Limited v RN Ventures Limited [2018] EWHC 173, involved a claim for infringement of both European Patent (UK) 1 722 699 B1 (“the Patent”) and Registered Community Design Nos. 000407747-001 (“the 747 Design”) and 001175046-001 (“the 046 Design”) (collectively “the RCDs”). The validity of the patent and…
On September 21, 2017, the European Court of Justice (CJEU) issued another important decision on designs (joined cases C-361/15 and C-405/15). Among several other issues, possibly the most relevant concerned whether or not the product and the sector to which a design relates affect the assessment of its novelty and individual character. The case concerned…
The Court of Justice has rendered a crucial decision on the jurisdiction of the Community design courts over European co-defendants and the national law applicable to the measures sought. Nintendo holds various Community design rights for accessories for video game consoles, such as remote controls. It brought infringement proceedings in Germany against two companies: BigBen…
On 18 July 2017, the General Court held that the two designs shown here produced the same overall impression (case T-57/16; not yet available in English). The EUIPO – both first and second instance – had held otherwise. The Cancellation Division described the designs as superimposed C’s (Chanel’s logo) and 3’s (the design under attack),…
