2018-06-08 | Mollen / Bakker: protection for the design of mechanical grab buckets

Even on appeal from a preliminary relief ruling, Mollen and Bakker concentrated their efforts on the design of grab buckets for mobile cranes and earth moving machines. The most important point at issue was whether Bakker’s bucket (on the left), the RBOX, had its own place in the market for grab buckets. The Court of Appeal […] Read more

2018-06-07 | My Crocs are up the creek!

In March this year, the General Court of the European Union held that the design of Croc shoes was invalid due to a lack of novelty at the time of the application in 2004. In a nutshell, a novel design cannot have been introduced before the application for a Community Design. A registration is still possible […] Read more

2017-07-03 | Proplamp vs Krusning: coming up with ‘the same thing’ at the same time?

The Proplamp “Crumplelamp” (top left) has been marketed by a design duo in the Netherlands since the beginning of 2014. The lamp comes in various sizes and the price ranges from € 299 to € 1,199. Ikea has been selling the Krusning lamp (bottom left) since the end of 2014. The Krusning costs only € […] Read more

2015-12-15 | Battle of the Bags: H&M vs. Yves Saint Laurent

Once upon a time there was a dispute on handbags and the design rights vested in them. H&M opposed a European design registration of Yves Saint Laurent (YSL) which would not make an overall impression different from a model which H&M itself had registered before. This is a ground of invalidity of the younger design. […] Read more

2015-12-10 | A chocolate bar as shape mark: KIT KAT

Not any shape can be registered as trademark. Hauck vs. Stokke concerned a shape which gives substantial value to the good or which results from the nature of the good. And from Lego we know: a shape which meets a technical function cannot be a trademark. The exclusions are interpreted in a broad sense and an excluded […] Read more

2013-08-09 | Hema: ‘These holders can also be used for nuts!’

Another case of potential slavish imitation: a company that will remain nameless makes beautiful, delicate tea light holders (you’ve guessed it – the undersigned is the proud owner of a number of these designer “mood light holders”, upper picture). They are white on the outside and brightly coloured on the inside, which means they give […] Read more

2013-08-08 | Confusing pendants

Since 2009, wholesale jeweller AllRound has sold a piece of jewellery under the name ‘Mi Moneda’, a pendant containing a coin. Since 2010 competitor Dutch Designz has put a similar piece of jewellery on the market and AllRound is not happy about it. After going to the preliminary relief court, the parties eventually ended up […] Read more

2012-04-24 | Hoogenraad & Haak wins pudding case for De Natuurhoeve!

Dairy Producer De Natuurhoeve from Benschop has won an important case against Mona (FrieslandCampina). The Arnhem Court of Appeal decided today in the appeal of this lawsuit. At stake was the shape of the pudding cup of De Natuurhoeve. This company supplies pudding under private label to supermarkets Albert Heijn, Lidl, and its own brand GENIET (‘Enjoy’) to Hoogvliet and Coop. FrieslandCampina found that […] Read more

2011-03-11 | Dafurnica: Is free speech at risk?

The protection based on design rights can go very far. This follows from a decision of the court in the Hague about the artwork Dafurnica of the Danish artist Nadia Plesner (free to Picasso’s work Guernica). On this painting, Nadia Plesner included (amongst others) an African boy with a Louis Vuitton look-alike bag. Reason: celebrities […] Read more