Quick Decision based on European Community Design Rights

Design registrations are becoming increasingly more popular. A design registration may serve as the basis for an injunction. This fact was used by shoe manufacturer Bacup to their advantage.  

In 1997 Bacup introduced the Redfoot Folding Shoe, which, as the name indicates, is a shoe that you can fold up. This product became an instant sales success. Fortunately Bacup registered their shoe as a European design.


When their competitor Shoeland brought a similar shoe on the market Bacup was easily able to stop them based on the design rights. The court not only issued an injuction but Shoeland has to pay € 50,000.- in penalties for every day the infringement continues.


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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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