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.
Want to receive Class 99 by email?
Click here subscribe for free.
Click here subscribe for free.
Who we all are...
WEDNESDAY, 12 DECEMBER 2012
Gautzsch Großhandel 2
There is a detailed Dutch language summary of the case here. It appears to concern garden pavilions or gazebos. The upper image is apparently the asserted design. The alleged infringer imported the infringement from China, where it had allegedly been prior disclosed in the form below left. That left open (a) the likelihood that the Chinese design wasn't copied, and (b) the possibility that the Chinese design invalidated the unregistered Community Design, if it would have come to the attention of the sectors concerned. As the three year term had expired, there were also issues of whether the injunction could now be granted. More information gratefully recieved!
Posted by: David Musker @ 14.53
Tags: burden of proof, china, cjeu, Community unregistered design right, copying, germany, Novelty, proof of copying,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA405
Gautzsch Großhandel 2
There is a detailed Dutch language summary of the case here. It appears to concern garden pavilions or gazebos. The upper image is apparently the asserted design. The alleged infringer imported the infringement from China, where it had allegedly been prior disclosed in the form below left. That left open (a) the likelihood that the Chinese design wasn't copied, and (b) the possibility that the Chinese design invalidated the unregistered Community Design, if it would have come to the attention of the sectors concerned. As the three year term had expired, there were also issues of whether the injunction could now be granted. More information gratefully recieved!
Tags: burden of proof, china, cjeu, Community unregistered design right, copying, germany, Novelty, proof of copying,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA405
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
