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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
  • -
  • European Union, Germany
  • -
  • 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

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

  • Hogan Lovells
  • -
  • European Union
  • -
  • 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

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

  • Hogan Lovells
  • -
  • European Union
  • -
  • January 20 2011

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