News

Protection of fashion by unregistered Community Design rights

On 2 July 2015, the District Court Düsseldorf confirmed a preliminary injunction prohibiting the further distribution of a blouse on the basis of an earlier unregistered Community Design (Case ref. no. 14c O 55/15).   The applicant had distributed a summer blouse depicting abstract drawings of flamingos in Germany since 2013. In 2015, it became …

Shape is what matters in case of a yoghurt container

In invalidity proceedings before OHIM the Board of Appeal overruled a decision by the Invalidity Division rejecting a request for declaration of invalidity against a Community Design registration (“CDR”) for a yoghurt container based on the colorful lid and label it contained compared with the earlier design. On 10 October 2014 the Board of Appeal …