Henning Hartwig
@henninghartwig.bsky.social
Author/Lawyer: Research Handbook on Design Law https://www.e-elgar.com/shop/gbp/research-handbook-on-design-law-9781781955871.html (IPKAT Design Law Book 2021)
Website: https://www.bardehle.com/en/team/hartwig-henning
Website: https://www.bardehle.com/en/team/hartwig-henning
Well, well—different types of non-solid lines appear to raise questions if not problems when it comes to litigation
Cetero censeo:
An international convention might be helpful and seem to call for global research … 🧐
academic.oup.com/jiplp/articl...
Cetero censeo:
An international convention might be helpful and seem to call for global research … 🧐
academic.oup.com/jiplp/articl...
July 8, 2025 at 4:46 PM
Well, well—different types of non-solid lines appear to raise questions if not problems when it comes to litigation
Cetero censeo:
An international convention might be helpful and seem to call for global research … 🧐
academic.oup.com/jiplp/articl...
Cetero censeo:
An international convention might be helpful and seem to call for global research … 🧐
academic.oup.com/jiplp/articl...
Hot off the press—my paper on lack of consistent subject matter in EU design law has been published today in GRUR International (OUP)
#designpatents
academic.oup.com/grurint/adva...
#designpatents
academic.oup.com/grurint/adva...
July 7, 2025 at 3:13 PM
Hot off the press—my paper on lack of consistent subject matter in EU design law has been published today in GRUR International (OUP)
#designpatents
academic.oup.com/grurint/adva...
#designpatents
academic.oup.com/grurint/adva...
Case C-323/24 on freedom of the designer under EU design law:
curia.europa.eu/juris/docume...
Advocate General EMILIOU is citing one of my recent papers and, overall, endorses a concept of ‘inverse proportionality’ (for which I coined the notion ‘reciprocity’)—not bad to start the weekend 😎
curia.europa.eu/juris/docume...
Advocate General EMILIOU is citing one of my recent papers and, overall, endorses a concept of ‘inverse proportionality’ (for which I coined the notion ‘reciprocity’)—not bad to start the weekend 😎
June 20, 2025 at 1:38 PM
Case C-323/24 on freedom of the designer under EU design law:
curia.europa.eu/juris/docume...
Advocate General EMILIOU is citing one of my recent papers and, overall, endorses a concept of ‘inverse proportionality’ (for which I coined the notion ‘reciprocity’)—not bad to start the weekend 😎
curia.europa.eu/juris/docume...
Advocate General EMILIOU is citing one of my recent papers and, overall, endorses a concept of ‘inverse proportionality’ (for which I coined the notion ‘reciprocity’)—not bad to start the weekend 😎
TIL: Stuttgart Appeal Court found that German toy company Ravensburger must not refrain, under the Italian Codice dei beni cultural i e del paesaggio, from using, outside Italy, reproductions of Leonardo da Vinci’s ‘Vitruvian Man’ (11/6/2025; 4 U 136/24)
www.landesrecht-bw.de/bsbw/documen...
www.landesrecht-bw.de/bsbw/documen...
June 18, 2025 at 6:11 PM
TIL: Stuttgart Appeal Court found that German toy company Ravensburger must not refrain, under the Italian Codice dei beni cultural i e del paesaggio, from using, outside Italy, reproductions of Leonardo da Vinci’s ‘Vitruvian Man’ (11/6/2025; 4 U 136/24)
www.landesrecht-bw.de/bsbw/documen...
www.landesrecht-bw.de/bsbw/documen...
TIL: Chinese Supreme People’s Court, on 24/3/2025, found that the nearly exact reproduction of a work protected under copyright law within a later trademark constitutes an unauthorized use of the work. Simply adding subject matter does not avoid infringement …
www.wanhuida.com/Content/2025...
www.wanhuida.com/Content/2025...
May 30, 2025 at 3:03 PM
TIL: Chinese Supreme People’s Court, on 24/3/2025, found that the nearly exact reproduction of a work protected under copyright law within a later trademark constitutes an unauthorized use of the work. Simply adding subject matter does not avoid infringement …
www.wanhuida.com/Content/2025...
www.wanhuida.com/Content/2025...
You’re in good company—EUIPO registered only 34 designs with the indication of product (= title) “type fonts” and only 74 with “type faces”
May 28, 2025 at 7:10 PM
You’re in good company—EUIPO registered only 34 designs with the indication of product (= title) “type fonts” and only 74 with “type faces”
Revisiting James M. McPherson's 'Abraham Lincoln' (Oxford, 2009)
May 23, 2025 at 1:03 PM
Revisiting James M. McPherson's 'Abraham Lincoln' (Oxford, 2009)
This is astounding—in view of prior art from May 8, 2018 (colour and labelling would have to be ignored under EU law and practice).
www.amazon.com/Faber-Castel...
Also, the German right holder did not file for any EU/German design application.
🧐🧐🧐
www.amazon.com/Faber-Castel...
Also, the German right holder did not file for any EU/German design application.
🧐🧐🧐
May 22, 2025 at 1:44 PM
This is astounding—in view of prior art from May 8, 2018 (colour and labelling would have to be ignored under EU law and practice).
www.amazon.com/Faber-Castel...
Also, the German right holder did not file for any EU/German design application.
🧐🧐🧐
www.amazon.com/Faber-Castel...
Also, the German right holder did not file for any EU/German design application.
🧐🧐🧐
This morning, Advocate General Szpunar issued his long-awaited Opinion in ‘Mio’ (C-580/23) and ‘USM Haller/konektra‘ (C-795/23), allowing for some critical initial thoughts …
🤔
🤔
May 8, 2025 at 1:56 PM
This morning, Advocate General Szpunar issued his long-awaited Opinion in ‘Mio’ (C-580/23) and ‘USM Haller/konektra‘ (C-795/23), allowing for some critical initial thoughts …
🤔
🤔
What a fascinating encyclopedic article on bus seat pattern from 67 cities worldwide—this rich variety of designs is truly inspiring (the one shown is taken from Bogotá)
sz-magazin.sueddeutsche.de/wohnen-und-d...
sz-magazin.sueddeutsche.de/wohnen-und-d...
May 7, 2025 at 5:03 AM
What a fascinating encyclopedic article on bus seat pattern from 67 cities worldwide—this rich variety of designs is truly inspiring (the one shown is taken from Bogotá)
sz-magazin.sueddeutsche.de/wohnen-und-d...
sz-magazin.sueddeutsche.de/wohnen-und-d...
Hasbro‘s MONOPOLY is celebrating 90th anniversary
TIL: It all started in 1904 with a utility patent … 😎
en.wikipedia.org/wiki/The_Lan...
TIL: It all started in 1904 with a utility patent … 😎
en.wikipedia.org/wiki/The_Lan...
May 3, 2025 at 11:46 AM
Hasbro‘s MONOPOLY is celebrating 90th anniversary
TIL: It all started in 1904 with a utility patent … 😎
en.wikipedia.org/wiki/The_Lan...
TIL: It all started in 1904 with a utility patent … 😎
en.wikipedia.org/wiki/The_Lan...
TIL of another Crocs’ defeat:
EUIPO’s BOA found different overall impression (3/3/2025, R 732/2024-3) but NOT based on differences in material/colouring (prior art left) because the “informed user knows that one and the same shoe model can be offered in various materials or colours” …
🤔
EUIPO’s BOA found different overall impression (3/3/2025, R 732/2024-3) but NOT based on differences in material/colouring (prior art left) because the “informed user knows that one and the same shoe model can be offered in various materials or colours” …
🤔
April 30, 2025 at 6:55 PM
TIL of another Crocs’ defeat:
EUIPO’s BOA found different overall impression (3/3/2025, R 732/2024-3) but NOT based on differences in material/colouring (prior art left) because the “informed user knows that one and the same shoe model can be offered in various materials or colours” …
🤔
EUIPO’s BOA found different overall impression (3/3/2025, R 732/2024-3) but NOT based on differences in material/colouring (prior art left) because the “informed user knows that one and the same shoe model can be offered in various materials or colours” …
🤔
On 12/2/2025, EUIPO’s BOA found (R 118/2022-2) that acquisition of distinctive character through use had not been demonstrated with respect to Veuve Clicquot’s EUTM 747949 (abstract orange colour mark; “champagne wines”)—case still pending
Today, I stumbled accross “Mionetto Prosecco” at ALDI …
👀
Today, I stumbled accross “Mionetto Prosecco” at ALDI …
👀
April 30, 2025 at 11:48 AM
On 12/2/2025, EUIPO’s BOA found (R 118/2022-2) that acquisition of distinctive character through use had not been demonstrated with respect to Veuve Clicquot’s EUTM 747949 (abstract orange colour mark; “champagne wines”)—case still pending
Today, I stumbled accross “Mionetto Prosecco” at ALDI …
👀
Today, I stumbled accross “Mionetto Prosecco” at ALDI …
👀
That‘s even more cool 😉
April 29, 2025 at 1:55 PM
That‘s even more cool 😉
Very interesting—and another demonstration of the dichotomy between U.S. and EU design law:
Only visual comparison matters – no written description/disclaimer/disclosure etc., e.g., RCD 1180244-0003 invalidated based on Czech utility model 16654 U1 (Board of Appeal, 23/3/2022, R 616/2021-3)
Only visual comparison matters – no written description/disclaimer/disclosure etc., e.g., RCD 1180244-0003 invalidated based on Czech utility model 16654 U1 (Board of Appeal, 23/3/2022, R 616/2021-3)
April 22, 2025 at 5:29 PM
Very interesting—and another demonstration of the dichotomy between U.S. and EU design law:
Only visual comparison matters – no written description/disclaimer/disclosure etc., e.g., RCD 1180244-0003 invalidated based on Czech utility model 16654 U1 (Board of Appeal, 23/3/2022, R 616/2021-3)
Only visual comparison matters – no written description/disclaimer/disclosure etc., e.g., RCD 1180244-0003 invalidated based on Czech utility model 16654 U1 (Board of Appeal, 23/3/2022, R 616/2021-3)
TIL: Indian Supreme Court recalled that an artistic work initially enjoying copyright protection would remain protected unless a design derived from it has been reproduced more than fifty times or is registered under the Designs Act [2025 INSC 483]
No double protection 👀
No double protection 👀
April 18, 2025 at 8:15 AM
TIL: Indian Supreme Court recalled that an artistic work initially enjoying copyright protection would remain protected unless a design derived from it has been reproduced more than fifty times or is registered under the Designs Act [2025 INSC 483]
No double protection 👀
No double protection 👀
On 23/102024, the General Court of the EU, for the first time, found a registered EU design consisting of views that are not conclusive invalid. While the result is beyond doubt the standards suggested to be applied are less persuasive as shown in my paper (just accepted).
April 17, 2025 at 2:37 PM
On 23/102024, the General Court of the EU, for the first time, found a registered EU design consisting of views that are not conclusive invalid. While the result is beyond doubt the standards suggested to be applied are less persuasive as shown in my paper (just accepted).
Some fresh German case law perhaps for the sake of comparative research?
Lower instances repeatedly found infringement (original shown left) until they were taught better by the Cologne Appeal Court (5/7/2024, 6 U 131/23) and Hamburg Appeal Court (20/6/2024, 5 U 95/21)—both decisions final
👀
Lower instances repeatedly found infringement (original shown left) until they were taught better by the Cologne Appeal Court (5/7/2024, 6 U 131/23) and Hamburg Appeal Court (20/6/2024, 5 U 95/21)—both decisions final
👀
April 14, 2025 at 12:46 PM
Some fresh German case law perhaps for the sake of comparative research?
Lower instances repeatedly found infringement (original shown left) until they were taught better by the Cologne Appeal Court (5/7/2024, 6 U 131/23) and Hamburg Appeal Court (20/6/2024, 5 U 95/21)—both decisions final
👀
Lower instances repeatedly found infringement (original shown left) until they were taught better by the Cologne Appeal Court (5/7/2024, 6 U 131/23) and Hamburg Appeal Court (20/6/2024, 5 U 95/21)—both decisions final
👀
Thanks for all your thoughts!
I came across an ‘Underwater Cybertruck Meme’ that might serve as an example. However, to apply the parody defence under EU design law, you need to find infringement first, i.e., presence of the same overall impression.
Difficult overall … 🧐
I came across an ‘Underwater Cybertruck Meme’ that might serve as an example. However, to apply the parody defence under EU design law, you need to find infringement first, i.e., presence of the same overall impression.
Difficult overall … 🧐
April 6, 2025 at 10:52 AM
Thanks for all your thoughts!
I came across an ‘Underwater Cybertruck Meme’ that might serve as an example. However, to apply the parody defence under EU design law, you need to find infringement first, i.e., presence of the same overall impression.
Difficult overall … 🧐
I came across an ‘Underwater Cybertruck Meme’ that might serve as an example. However, to apply the parody defence under EU design law, you need to find infringement first, i.e., presence of the same overall impression.
Difficult overall … 🧐
20/2/2025: German Federal Supreme Court issues landmark decision on Birkenstock sandals, finding absence of copyright protection (I ZR 16/24)
26/2/2025: Grounds published
30/4/2025: My case note (in German) will be released
That’s fast …
😎
26/2/2025: Grounds published
30/4/2025: My case note (in German) will be released
That’s fast …
😎
April 4, 2025 at 5:48 PM
20/2/2025: German Federal Supreme Court issues landmark decision on Birkenstock sandals, finding absence of copyright protection (I ZR 16/24)
26/2/2025: Grounds published
30/4/2025: My case note (in German) will be released
That’s fast …
😎
26/2/2025: Grounds published
30/4/2025: My case note (in German) will be released
That’s fast …
😎
Would you confuse LINDOR with ALDI’s MOSER ROTH? Well, 25% of the Swiss public would associate one with the other according to a poll submitted by LINDT and endorsed by a 31-page verdict (Aargau Commercial Court, 14/12/2024; HSU.2024.50) including 60 footnotes!
decwork.ag.ch/api/main/v1/...
decwork.ag.ch/api/main/v1/...
March 29, 2025 at 11:32 AM
Would you confuse LINDOR with ALDI’s MOSER ROTH? Well, 25% of the Swiss public would associate one with the other according to a poll submitted by LINDT and endorsed by a 31-page verdict (Aargau Commercial Court, 14/12/2024; HSU.2024.50) including 60 footnotes!
decwork.ag.ch/api/main/v1/...
decwork.ag.ch/api/main/v1/...
Media reports (www.lto.de/recht/nachri...) that the Munich District Court apparently found infringement of abstract colour mark EUTM no. 18282231 by German Karlsberg Brauerei (25/3/2025, case 33 O 14937/23)
👀
Grounds not yet available
👀
Grounds not yet available
March 27, 2025 at 7:17 AM
Media reports (www.lto.de/recht/nachri...) that the Munich District Court apparently found infringement of abstract colour mark EUTM no. 18282231 by German Karlsberg Brauerei (25/3/2025, case 33 O 14937/23)
👀
Grounds not yet available
👀
Grounds not yet available
On 11/9/2024, the Court of The Hague granted claims for infringement of unregistered EU designs. Unfortunately, the decision, eventually granting partial/parallel protection for a “label”, seems to depart from established standards and opens Pandora’s box.
See my paper to appear soon!
See my paper to appear soon!
March 22, 2025 at 3:57 PM
On 11/9/2024, the Court of The Hague granted claims for infringement of unregistered EU designs. Unfortunately, the decision, eventually granting partial/parallel protection for a “label”, seems to depart from established standards and opens Pandora’s box.
See my paper to appear soon!
See my paper to appear soon!
The EU design covering the very first Crocs sandal has been under constant attack since nearly two decades
ipkitten.blogspot.com/2024/06/gues...
On 5/2/2025, EUIPO’s BOA invalidated RCD No 257001-0001 for the third time
Will be interesting to see how the third challenge for life will develop
👀
ipkitten.blogspot.com/2024/06/gues...
On 5/2/2025, EUIPO’s BOA invalidated RCD No 257001-0001 for the third time
Will be interesting to see how the third challenge for life will develop
👀
March 14, 2025 at 2:15 PM
The EU design covering the very first Crocs sandal has been under constant attack since nearly two decades
ipkitten.blogspot.com/2024/06/gues...
On 5/2/2025, EUIPO’s BOA invalidated RCD No 257001-0001 for the third time
Will be interesting to see how the third challenge for life will develop
👀
ipkitten.blogspot.com/2024/06/gues...
On 5/2/2025, EUIPO’s BOA invalidated RCD No 257001-0001 for the third time
Will be interesting to see how the third challenge for life will develop
👀