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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
Infringement of Alessi's design for "blow up" coaster; on the assessment of the scope of protection
- Hogan Lovells
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- Germany
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- January 20 2011
The Federal Court of Justice decided on the infringement of a Community design for coasters
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
No separate enforcement of individual elements of registered design
- Hogan Lovells
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- Germany
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- October 25 2012
The German Federal Court of Justice clarified that there is no protection of individual elements of a registered design against third party products unless such element is separately registered as an individual design
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
Copyright protection for everyday household object designed by bauhaus artist wilhelm wagenfeld
- Hogan Lovells
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- Germany
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- April 14 2011
The Court of Appeal of Munich decided that an egg-boiler, designed by the Bauhaus artist Wilhelm Wagenfeld, was a work of applied art and enjoyed copyright protection against infringing copies
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
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
Depiction of Deutsche Bahn's "ICE" high speed train in developer's marketing brochure infringes design rights
- Hogan Lovells
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- Germany
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- July 21 2011
The Federal Court of Justice held that the depiction of a design is not permissible under the right of citation if it is only used for advertising purposes
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- Author - Juliane Diefenbach
