Happy Cocooning – photo or drawing?

Designs are often filed with the use of drawings, however, if texture or material is essential to the design, it is sometimes better to use photos. Happy Cocooning sells table furnaces. The Cocoon tables are massive square or round composite garden tables with a gas burner assembled inside them.

The tables have a concrete look to them because they have been sand waxed. At the bottom of the table there is a small caving, which makes it look as if the table is standing on legs. Because the material is an important part of the look of the table photos have been used for the design application. When a similar product was introduced on the market (the Cosy Living Lounge), a legal procedure soon followed. The court decided that the distinctive elements have been copied (including the concrete look) and that there is therefore an infringement.


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MENTOS has been selling chewing gum under the name MENTOS PURE FRESH for several years. In order to protect her rights MENTOS has registered the following trademarks: the logo MENTOS PURE FRESH, the logo MENTOS PURE FRESH 3 and a figurative depiction of the word PURE. Defendant sells chewing gum under the trademark DENTYNE PURE and has registered its logo as a trademark. Infringement or not?
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