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Volkswagen's community design for the "Beetle 2nd generation" lacks individual character

Hogan Lovells
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European Union
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April 14 2011

OHIM's Invalidity Division declared Volkswagen's Community design for its "Beetle" car model invalid due to lack of individual character

Invalidity of a Community design due to unauthorized use of a design protected under copyright law

Hogan Lovells
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European Union
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January 20 2011

OHIM Invalidity Division, Decision of 8 December 2010, ICD 7085In a rare case, OHIM's Invalidity Division decided on the invalidity of a Community design, based on claims of unauthorized use of a work protected under French and Belgian copyright law

Three-dimensional Community trademark invalidates Community design for cleaning devices

Hogan Lovells
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European Union
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January 20 2011

OHIM Invalidity Division, Decision of 17 September 2010, ICD 000007030OHIM's Invalidity Division decided on the validity of Kuan-Di Huang's Community design for cleaning devices, based on AM Denmark AS' claims that there was a likelihood of confusion with its earlier three-dimensional Community trademark, registered for containers and equipment for cleaning

Principle of "res judicata" in design cases: OHIM Board of Appeal is bound by decision of German court in infringement proceeding ruling a design to be invalid

Hogan Lovells
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European Union, Germany
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July 22 2010

In this case, the Community design registration by Sport-Service-Lorinser Sportliche Ausrüstungen GmbH (Lorinser) for vehicle wheel rims was challenged by RH Alurad Höffken GmbH (RH) who claimed it was identical with its earlier German design and therefore lacked novelty and individual character

Prior art does not invalidate Wrigley's Community design for blister cards

Hogan Lovells
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European Union
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January 20 2011

WM. Wrigley JR Company (Wrigley) is the owner of a Community design for blister cards

European Court of Justice: angry face constitutes individual character of community design

Hogan Lovells
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European Union
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January 31 2013

The European Court of Justice (CJEU) confirmed that the comparison of the overall impression conveyed by two opposing designs does not necessarily