In a previous post we explored the potential disadvantages of failing to utilise the registered community design (“RCD”) in a Danish context. By contrast, this post will examine the possibilities of enforcement when a product is not protected as a RCD but as an unregistered community design (“UCD”). Further, this post will demonstrate how the…

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 CJEU ruled again on jurisdiction (after Hummel Holding, C-617/15) in BMW AG v Acacia Srl (C-433/16), focusing in particular on the relationship between Reg. 44/2001 (“Brussels Regulation”) and Reg. 6/2002 (“CDR”). The case started when Acacia – an Italian manufacturer of replica car rims – filed an action seeking a declaration of non-infringement (“DNI action”) of some BMW’s…

Germany is a key venue for international trade fairs. So it is no surprise that trade fairs are tempting targets for counterfeiters and infringers. Right owners must rely on quick and effective relief if they want to avoid an impairment of their rights. However, they should be aware of the peculiarities of German law in…

This blog will explore potential disadvantages of failing to utilise the registered community design (hereafter RCD) in a Danish context with a particular emphasis on cheap imitations of luxury consumer goods.  The point of reference will be a November 2016 case from the Danish Maritime and Commercial High Court (the “Court”) concerning rubber boots made…