In order to register a product as a design, a number of images should be filed, which basically explain what the design actually looks like. Not a great deal of other demands need to e fulfilled. Almost every design filing is accepted. Validity problems just arise in case of conflicts. However, one of the few demands that are required of the images is that they have a neutral background. Not too difficult to overcome, but in sometimes it apparently is. »design-law
In 2011 Basil Denton unveils the new rotan bicycle basket, with leather strips. Less than a year later the competition introduces a basket that looks suspiciously alike, the Java New Looks. This likeness is not be accident. A picture of the Basil Denton product served as its inspiration. The director did not want an exact copy, claiming: “We would like to change the baskets a little bit so that they are not exactly the same as Basil”. Basil demands that the baskets are removed from the market. »design-law
In 2014, Marijn Oomen launches the inflatable life size lounge seat, the LAMZAC Hangout. One simply swings the lightweight bag and it fills itself with air and creates a life size lounge seat. The air remains in the seat by folding and rolling the opening. A lounge seat that can be placed in a minute. Ideally for relaxing, without having to worry about a hard or rocky ground. In order to be able to stand up against future products with the same overall impression, a European Union design is registered in 2015. »design-law
Eichholtz sells furniture in all of Europe. At a exhibition in Paris it shows its new tables. The tables are made of glass in a frame with eight corners (colours in gold and nickel) with a bottom plate made of marble. To protect its rights both tables are filed as European designs. When a similar table appears on the market Eichholtz demands a prohibition on this. The other party claims that the design registrations are not valid. The design would not be new and does not have its own character since it has the same shape as the Ascher-diamond. The main question is whether use of the same design for a different product affects novelty. »design-law
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. »design-law
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?