The Court of Justice of the European Union (“CJEU”) has handed down its Judgment in Case C-281/10 PepsiCo, Inc. In doing so, the CJEU has followed the opinion delivered by Advocate General Mengozzi on 12 May 2011, dismissing PepsiCo, Inc.’s appeal of the decision of the General Court of the EU.
The CJEU’s Judgment provides useful guidance on the notional “informed user” and the method for comparing designs when assessing novelty and individual character.
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Our Law Now on the Advocate General’s opinion can be found here.