We use cookies to customise content for your subscription and for analytics. If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
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
