The cancellation of the design protection for the famous Porsche 911 was confirmed before the European Court. The overall impression is dominated by the very similar general structure of the conflicting designs. The Porsche Community designs therefore lack individual character - an important legal case for the entire
The Union figurative marks „Simply.Connected“ have no distinctive character as far as the Internet of Things is concerned. The European Court of Justice saw a slogan with the meaning "just or mainly connected" in the figurative signs and rejected the desired trademark registration as not distinctive - in the Nice
The Federal Supreme Court ruled that a mosaic-like overall view of individual elements is not relevant for for determining the scope of protection of a design. A registered design must also be evaluated as an overall impression – even if its a design for a modular system.
The European Court ruled that the Union figurative mark of US shoe manufacturer Vans was not similar to an earlier figurative mark of German shoe manufacturer Deichmann. The overall visual impression of the respective figurative marks is completely different. However, both marks could be described as "V".
In a recent judgment of the European Court in invalidity proceedings concerning a Community design, the court specified designer’s degree of freedom and thus also how different paint spray guns must be, which are restricted by applicable construction concepts and a saturation of the technical standard in design.