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The General Court upheld the OHIM’s decision that a registered community design (RCD) of a jumping animal was invalid on the basis that it did not have individual character.
The court rejected the claim that there were substantial differences between the RCD and the Puma logo concluding whether it was a domestic cat or wild puma, the overall impression was that of a jumping feline. This is particularly due to the slender and flexible nature of the animals as well as the predatory dynamics of the representation.
Both the arguments that the felines would be in different jumping phases and that the Board of Appeal had assessed the designs like trade marks were also rejected.
This case shows the importance of ensuring that the overall impression a new design produces on the informed user is different from that of a design which has previously been made available to the public particularly where the degree of design freedom is broad.
London’s prized position as one of the ‘big four’ fashion capitals could be threatened by changes to IP protection following Brexit.
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Hot on the heels of yesterday’s news of Amazon’s acquisition of Whole Food, Sainsbury’s look to expand with a proposed acquisition of Nisa.
Well, I think we all knew this was coming. It felt like only a matter of time before Amazon decided to focus its sights on the grocery business.
Alibaba, one of China’s largest technology companies, recently demonstrated VR Pay, a payment service designed to allow virtual reality shoppers to pay for things simply by nodding their head.
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