Safeguarding Creative Identity: How Legal Action Defends Jewelry Brand Against Design Infringements
The Client is a company that sells jewellery in online and stationary shops. It has based the identity of its brand on an individual design, which is often found on the goods it sells and has been used for many years. In order to protect his design, the Client holds protection rights for numerous Community designs used in the production of jewellery, registered with the European Union Intellectual Property Office (EUIPO). Recently, the Client has noted a number of infringements of its design by competitors.
It is important to determine whether the rights of the Client attached to the designs have been infringed and, if so, to what extent and on what scale. Potential infringement must be considered ad casum because not every design that at first sight appears similar must constitute an infringement of registered rights. Moreover, the holder of design registration rights has to take steps to combat any infringement in order to avoid the potential loss of its rights.
What we did
To each of the infringers, the law firm issued an appropriate summons containing demands for cessation of infringements of our Client’s exclusive rights, as well as acts of unfair competition towards our Client, and removal of the effects of the above-mentioned infringements in the form of making an apology in the communication channels used by the infringers. In addition, a demand was made for the surrender of the benefits unjustly obtained from the infringement.
Depending on the reaction of a particular infringer, the law firm conducted negotiations on behalf of the Client, some of which ended in a relevant settlement agreement satisfying our Client’s demands, and some of which have gone to court, where we assert the respective rights on behalf of our Client. In addition, together with the Client, we have been continuously monitoring the market situation and adequately reacting in case of any new infringements of its registered Community designs rights.