Log in

CLASS 99


The blog for design law, in Europe and worldwide. This weblog is written by a team of design experts and fans. To contribute, or join us, or for any other reason, email class99@marques.org.

Who we all are...
Blog Administrator
David Musker
Henning Hartwig
Hidde Koenraad
Krystian Maciaszek
Peter Gustav Olson
THURSDAY, 11 NOVEMBER 2010
Technical functionality? Start using the correct fax number!
What a missed opportunity for the world of design law – the first case on a Community design’s mere technical functionality having reached Luxembourg, with the vague hope that the apparent disharmony between what the England and Wales Court of Appeal decided in Landor on the one hand and OHIM’s Board of Appeal (here) and, very recently, the England and Wales High Court of Justice in Dyson (reported by class99 here) on the other would yield to Europe’s General Court Solomon-like final chord.

However, the Swedish owner of the invalidated Community design and applicant in the following court proceedings failed to lodge the action at the Registry of the Court in time. Rather, the applicant conceded that the action was lodged late, this lateness resulting from a “genuine misunderstanding of the established practice” for lodging an application with the General Court. In fact, the applicant had lodged the application well within time but only at the offices of OHIM, “in accordance with a well established practice in Sweden

Unsurprisingly, the General Court dismissed the action as “manifestly inadmis-sible”, meanwhile having been confirmed by the Court of Justice of the European Union rejecting the two grounds of appeal as “clearly unfounded”.

And the lesson of all this? Formalities are much more important than lawyers may believe (and than they tell their clients) – further need for harmonization?
Posted by: Henning Hartwig @ 14.38
Tags: dyson, landor, sweden, technical function,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA191

MARQUES does not guarantee the accuracy of the information in this blog. The views are those of the individual contributors and do not necessarily reflect those of MARQUES. Seek professional advice before action on any information included here.


The Class 99 Archive






 

 

 

 

 

 


CONTACT

info@marques.org
+44 (0)116 2747355
+44 (0)116 2747365
POST ADDRESS

Unit Q, Troon Way Business Centre
Humberstone Lane, Leicester
LE4 9HA

EMAIL

Ingrid de Groot
Internal Relations Officer
ingrid.de.groot@marques.org
Alessandra Romeo
External Relations Officer
aromeo@marques.org
James Nurton
Newsletter Editor
editor@marques.org
Robert Harrison
Webmaster
robertharrison@marques.org
NEWSLETTER

Signup for our newsletter.
Weekly headlines delivered to your inbox