Dish brushes with feminine shapes

The Spanish company Casa Vigar designs all sorts of household products, including dish brushes. This brush was protected with a Community Design Registration (requirements: novelty and individual character). Characteristic features are the long bristles as a hairstyle, the long neck and the distinct feminine shape: a bust and waist. When Edco starts offering a similar brush, Casa Vigar demands a ban.

 

Edco argues that the design registration is invalid. The design is not novel, because there had already been comparable brushes in the market. The court disagrees. The prior articles lack the feminine shape (its convex bulges) and the clothing is simply drawn on. The design of Casa Vigar deviates sufficiently from this and therefore the CDR is valid.

The dish brush from Edco also has a feminine figure with a long neck, a tight evening dress and a brush head for hair. The differences (different face drawing) are insufficient. This is deemed an infringement because the Edco brush does not make a different general impression.

Surprisingly the copyright claim is rejected. Casa Vigar could not properly prove that it held the copyright. So here’s another major advantage of registering a design, as its validity is assumed by courts.

design-law



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PURE - MENTOS

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?