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Tag Archives: Individual character

Europe – RCD: Dutch retail chains ordered to cease infringement of design rights of Chinese company

On 2 November 2016, the Hague Preliminary Relief Judge issued a preliminary injunction against the (locally) well-known Dutch retail chains Blokker and Leen Bakker (hereinafter collectively “Blokker”). These two affiliated retail chains together have more than five hundred stores across Benelux. The proceedings were initiated by the Chinese company Zhejiang Zhengte Co., Ltd (“Zhengte”). According

EU: The case of the striped shirt – good news for holders of Community designs

(CJEU, Judgment of 19 June 2014 in Case C-345/13, Karen Miller Fashions v Dunnes Stores) The assessment of whether a Community design has individual character must be based on whether or not the design produces a different overall impression to the prior art with reference to earlier designs taken individually, and not to a combination