Wednesday, 12 December 2012

Gautzsch Großhandel 2



There is a detailed Dutch language summary of the case here.  It appears to concern garden pavilions or gazebos.  The upper image is apparently the asserted design.  The alleged infringer imported the infringement from China, where it had allegedly been prior disclosed in the form below left.  That left open (a) the likelihood that the Chinese design wasn't copied, and (b) the possibility that the Chinese design invalidated the unregistered Community Design, if it would have come to the attention of the sectors concerned.  As the three year term had expired, there were also issues of whether the injunction could now be granted.  More information gratefully recieved!

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