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.
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SUNDAY, 28 JULY 2013
A reader asks: is a 'graphic symbol' truly a product?
Class 99 has received this poser from our friend and colleague 'down under', this being Jani McCutcheon (an Associate Professor in the Law School of the University of Western Australia). Writes Jani:
Tags: Community registered design, Louis Vuitton, Plesner, product indication,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA464
A reader asks: is a 'graphic symbol' truly a product?
Class 99 has received this poser from our friend and colleague 'down under', this being Jani McCutcheon (an Associate Professor in the Law School of the University of Western Australia). Writes Jani:
I’m writing an article on the Plesner v Louis Vuitton case, comparing it to the Australian IP system. My main query relates to Louis Vuitton’s EU Registered design, no. 000084223-0001. The ‘product indication’ is ‘graphic symbols’ in Class 99 [What a coincidence! That's the name of our blog ...]. A graphic symbol is not a product. I can see the design is the pattern, but applied to what product? How do I know what this design looks like – and how do I tell if my use is infringing - unless I know the product to which it is applied, and how the pattern is applied? Is the design the pattern applied to the entire face of a t-shirt, or wrapping around the base of a hand bag, or what? If the design in truth gives the owner the right to apply the pattern to anything, in any manner, that’s a pretty broad – and uncertain – design right. In Australia I’m pretty sure the design applicant would need to file an actual representation of the pattern as applied to the relevant product, thus defining the design monopoly.Is Jani missing something here? She'd love to hear your thoughts ... Posted by: Blog Administrator @ 15.44
Tags: Community registered design, Louis Vuitton, Plesner, product indication,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA464
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