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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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Henning Hartwig
Hidde Koenraad
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TUESDAY, 3 NOVEMBER 2015
Wheeltrim: why design law is different from trade mark law

The Court of Justice of the European Union's Order in Case C-500/14 Ford v Wheeltrims is not available in English but, with the help of Google Translate, it reads as follows:

Article 14 of Directive 98/71 ... on the legal protection of designs and Article 110 of Regulation ... 6/2002 ... on Community designs must be interpreted as meaning that they do not permit, notwithstanding the provisions of Directive 2008/95 ... to approximate the laws of Member States on trade marks and Regulation ... 207/2009 ... on the Community trade mark, a manufacturer of spare parts and accessories for motor vehicles, such as wheel covers, to affix to its products a sign identical to a registered mark, among other things for such products, by a producer of motor vehicles, without the consent of the latter on the grounds that the use would be made of that mark would be the only way to repair the vehicle in question by restoring, as a complex product, its original appearance.

In other words, while the CJEU and the German Bundesgerichtshof have established that the reproduction of a motor car trade mark on a toy car for the sake of accuracy is not a trade mark infringement, design law works differently.

Posted by: Blog Administrator @ 19.18
Tags: CJEU order, design infringement, trade marks,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA702

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.


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