Wheel rims form an important part of a car's aesthetic. Unsurprisingly therefore vehicle manufacturers seek to protect the design of their wheel rims, and will seek to prevent others from manufacturing and selling (usually for lower cost) identical wheel rims. What if the third party's wheel rims are sold not for the purpose of 'upgrading' a car's aesthetics, but a replacement wheel rim to enable the car's owner to have a choice when replacing a damaged wheel rim? This was the issue that the CJEU recently grappled with in two joined cases - it's decision was released just before Christmas and is discussed in our blog.
Chocolate and sweets manufacturer Ferrero SpA has been successful in its attempt to invalidate a Community design registration owned by BMB sp. z.o.o for a confectionery container.