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The decision of the OHIM Board of Appeal in Crocs, Inc v Holey Soles Holdings Ltd, Case R 92008-3, emphasises that the successful launch of a design outside the EU (particularly in a country such as the USA) can invalidate any subsequent Community design
The EU General Court has, in Beifa Group v OHIM, Case T-14808, clarified the grounds on which a Community registered design could be invalidated on the basis of an earlier registered trade mark
In Grupo Promer Mon Graphic SA v OHIM (Case T-907), the EU General Court found PepsiCo Inc's Community registered design for "promotional items for games" invalid and provided useful guidance in determining whether a design is "in conflict" with a prior design
The expiration of design rights in a product does not mean that their erstwhile owner will no longer be entitled to prevent the unauthorised manufacture and sale of replicas
