ECJ Community design – Invalidity proceedings – Registered Community design representing a cup and saucer with grooves and a soup dish with grooves – Ground for invalidity – Unauthorised use of a work protected under the copyright law of a Member State – Article 25(1)(f) of Regulation (EC) No 6/2002 NJ Forwood P T-566/11, [2013] … Continue reading Viejo Valle, Sa v Office For Harmonisation In The Internal Market (Trade Marks And Designs): ECFI 23 Oct 2013

Citations: [2008] EWCA Civ 358, [2008] Bus LR 1468, [2008] FSR 28, [2008] ECC 28, [2008] ECDR 15 Links: Bailii Statutes: Community Designs Regulation, 6/2002 Jurisdiction: England and Wales Intellectual Property Updated: 20 December 2022; Ref: scu.267046

ECJ Appeal – Community designs – Scope of the review of the legality of OHIM decisions relating to designs – The degree of freedom of the designer – Concept of ‘informed user’. Judges: Advocate General Mengozzi Citations: C-281/10, [2011] EUECJ C-281/10 Links: Bailii Jurisdiction: European Cited by: Opinion – Pepsico v Grupo Promer Mon Graphic … Continue reading Pepsico v Grupo Promer Mon Graphic: ECJ 12 May 2011

The parties were engaged in worldwide litigation disputing an alleged infringement of Apple’s registered design by Samsung’s Galaxy tablet computer. In this case, Samsung sought a declaration of non-infringement. Apple counterclaimed, alleging infringement, and said that under Regulation 91, the court had a duty to grant a stay where the issue was already before another … Continue reading Samsung Electronics (UK) Ltd and Another v Apple Inc: ChD 4 Apr 2012

(Judgment) Community design – Application for Community designs representing beakers – ‘Representation suitable for reproduction’ – Lack of precision of the representation with regard to the scope of the protection sought – Refusal to remedy the deficiencies – Refusal to attribute a date of filing – Articles 36 and 46 of Regulation (EC) No 6/2002 … Continue reading Mast-Jagermeister v EUIPO (Gobelets): ECFI 9 Feb 2017

ECJ Judgment Of The Court – Reference for a preliminary ruling – Intellectual property – Community designs – Regulation (EC) No 6/2002 – Articles 7(1), 11(2), 19(2), 88 and 89(1)(a) and (d) – Unregistered Community design – Protection – Making available to the public – Novelty – Action for infringement – Burden of proof – … Continue reading Gautzsch Grosshandel v Munchener Boulevard Mobel Joseph Duna Gmbh: ECJ 13 Feb 2014

The parties disputed an alleged infringement of a registered design in the Trunki, a child’s suitcase designed to be ridden on, and other infringements of copyright in the packaging. PMS now appealed on the issue of whether the defendant’s Kiddee Case infringed the CRD. Held: The appeal succeeded. The judge had made two errors. First … Continue reading Magmatic Ltd v PMS International Ltd: CA 28 Feb 2014

The claimant manufactured and sold the ‘Trunki’ a child’s ride on suitcase. The defendant imported and sold a similar product. Claims were now made alleging infringement of (i) Community Registered Design, (ii) design rights in a number of designs relating to the Trunki; (iii) the copyright in the artwork for the packaging of the Trunki; … Continue reading Magmatic Ltd v PMS International Ltd: PatC 11 Jul 2013

Overall Impression of Design is a Judgment The respondent had alleged infringement of its registered design in the ‘Trunki’, a ride-on children’s suitcase. At first instance, the judge had held that the surface decorations were to be ignored. On appeal it had been held that the judge had failed properly to allow for the overall … Continue reading PMS International Group Plc v Magmatic Ltd: SC 9 Mar 2016

Community design – Invalidity procedure – Registered community design representing a medical patch – Disclosure of earlier designs – Ground for nullity – Individual character – Informed user – Degree of freedom of the creator – Different overall . .

Community design – Invalidity procedure – Registered community design representing a medical patch – Disclosure of earlier designs – Ground for nullity – Individual character – Informed user – Degree of freedom of the creator – Different overall . .