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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.
A convenience retailer has opted to install cameras (the “Facewatch” system) at a limited number of its English stores to reduce crime and protect its staff.
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The Government appears set to announce plans on ‘living with Covid to restore freedom’. With the success of the retail and hospitality sector key to recovery, what protections will be on offer to tenants to deal with Covid-19 rent arrears?
Break rights have proved a fertile source of litigation over the last few years. More often than not, tenants have found themselves on the wrong end of the decisions. However, a Court of Appeal decision yesterday has bucked that trend.
One of the requirements for tenants to contract out of the security of tenure regime contained in the Landlord and Tenant Act 1954 is that they make a simple or statutory declaration before entering into the lease.
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