CLASS 99
The blog for design law, in Europe and worldwide. This weblog is written by a team of design experts and fans. To contribute, or join us, or for any other reason, email class99@marques.org.
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MONDAY, 30 AUGUST 2010
Grupo Promo v PepsiCo: a case note
Those readers of Class 99 who subscribe to the European Intellectual Property Review (EIPR) will be pleased to note that it contains a contribution from Class 99 team member, lawyer and scholar Henning Hartwig entitled "The General Court's First Decision on a Community Design's Validity--All's Well That Ends Well? Grupo Promer v OHIM and PepsiCo (T-9/07)". Otherwise known as the "metal rappers" case, this decision was analysed here on Class 99 by David Musker.
Tags: general court, scope of protection,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA150
Grupo Promo v PepsiCo: a case note
Those readers of Class 99 who subscribe to the European Intellectual Property Review (EIPR) will be pleased to note that it contains a contribution from Class 99 team member, lawyer and scholar Henning Hartwig entitled "The General Court's First Decision on a Community Design's Validity--All's Well That Ends Well? Grupo Promer v OHIM and PepsiCo (T-9/07)". Otherwise known as the "metal rappers" case, this decision was analysed here on Class 99 by David Musker.Right: here's something to cheer PepsiCo up -- some of its own prior art ...
Posted by: Blog Administrator @ 16.48According to Henning Hartwig, the court has adopted a "fluctuating, non-static scope of protection of the prior Community design": he speculates as to whether national courts will follow in the General Court's path.
Tags: general court, scope of protection,
Perm-A-Link: https://www.marques.org/blogs/class99?XID=BHA150
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