Community design

The General Court enforces the Chanel’s monogram against a conflicting design

On 18 July, the General Court of the European Union (“GC”), in case T-57/16, annulled a decision by which EUIPO’s third Board of Appeal had rejected an action of nullity proposed by the French maison Chanel SAS against the Community design represented below (on the left), registered for ornaments […]

The Milan IP Court on Community design infringement and the slavish imitation of a designer watch

The Milan IP Court, with ruling no. 8986/2016 published on 18 July 2016, stated that the commercialisation of some watches made by the Italian competitor Blu Trade S.r.l. and its distributor, Coin S.r.l., infringed the Community design no. 919204-002, registered in 2008 by the Danish company Noon Copenhagen AS, […]

Yves Saint Laurent vs. H&M: the GC declares two designs representing YSL’s handbags valid

In judgments on September 10 (in cases T-525/13 and T-526/13), the General Court (GC) of the European Union declared valid two Community designs representing handbags owned by the maison Yves Saint Laurent S.a.S., rejecting the actions proposed by the fast-fashion giant H&M, which claimed nullity of the designs due […]

The invalidity of a Community design due to conflict with an earlier trademark: Crocs succeeds before the OHIM

by Michele Papa and Luigi Manna

Last December, the Invalidity Division of the Office for the Harmonization in the Internal Market (OHIM) declared the invalidity – with a decision still subject to appeal – of Community design (CD) no. 2222463-001, relating to footwear products, filed in April 2013 by a […]

Bad faith in the registration of Community designs

On 4 December, the business Court of Milan ruled in the matter of a Community design registration by an unentitled party (judgement n. 14426/2014). In particular, the Court was called to decide a dispute between two companies, the plaintiff Cubica Ltd—later named Too Late Ltd—and the defendant Squan di […]