“Flower of Life”

In this issue, we report on a recent decision handed down by the Austrian Supreme Court in relation to a design infringement case. Both parties to the proceedings produce jewellery with esoteric symbols. The plaintiff relied upon unregistered Community design rights for a ring in the shape of the “flower of life” symbol – a … >> read more

01.04.2014

Austrian Supreme Court dismisses infringement action on design rights

Supreme Court decisions on the infringement of design rights are rare in Austria. In a recent case, the holder of a registered design setting out a grave light with a heart-shaped feature on its front sued a competitor for marketing an allegedly infringing product. The action was dismissed by the court of 2nd instance. The plaintiff … >> read more

01.02.2014

Who owns a design right?

As is probably the case in all jurisdictions, a design as intellectual property belongs primarily to its creator. In case of a team of designers (all natural persons) this leads to a shared property with several owners. In case of a formal acknowledgement of that ownership in a design register, these creators or designers will … >> read more

01.01.2014

Design Rights: Beware of the Shades of Grey

In a recent decision regarding several registered Community Designs (RCD) the Austrian Supreme Court had to decide whether allegedly infringing double-walled glasses produce the same overall impression on the informed user as several registered Community Designs showing double-walled glasses. Once again, the Supreme Court stressed that when assessing the overall impression of the RCD the … >> read more

01.12.2010

Imitation Marketing

In a recent judgement the Austrian Supreme Court had to decide a case on knives which were protected as registered Community Designs. These knives were sold in sets consisting of 11 knives, whereas the knives were packed in two layers of 5 and respectively 6 knives such that when the cover of the package was taken away all … >> read more

01.09.2009
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