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Tag Archives: Individual character

Germany: Allowing a competitor to implement a characteristic product feature risks loss of its function as an indication of origin

Higher Regional Court Frankfurt am Main “Exzenterzähne II” (“Eccentric Teeth II”) The Higher Regional Court Frankfurt am Main ruled that the unique selling point (USP) or “individual character” of a product that serves as an indication of origin may lose that function if the manufacturer of the original product has previously allowed a competitor to

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