The Supreme Court declares a design void for replicating the Aragonese cachirulo print

 SEE THE JUDGMENT HERE

The Supreme Court declares the nullity of the Spanish industrial design consisting of applying the Aragonese cachirulo (scarf) print to a tubular garment or neck warmer due to lack of novelty and lack of singular character, ordering the cancellation of the same in the Spanish Office of Patents and trademarks.

According to the sentence, based on the interpretation of art. 7 of Law 20/2003, of July 7, for the protection of industrial design, the court indicates that for there to be uniqueness, the subsequent design must be reasonably divergent from the previous designs, in such a way that, although a high degree is not required of distinction, a minimal or anecdotal differentiation is also not allowed that allows obtaining protection for designs that are only distinguished from the previous ones in minute or practically insignificant details.

Therefore, the novelty of a design is not subject to the products to which it can be incorporated or applied, but what is relevant is that the use of the design in a certain product does not produce in the informed user (of the products to which it is incorporates the registered design) a different overall impression.

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Different overall impression

The room maintains that the mere application of an already known pattern, such as the cachirulo, to a different garment does not in itself add a singular character to the design, which remains the same (lack of novelty) or similar (with some variants), as long as it does not cause a general impression different from that of the stamp for a user informed of the products to which the registered design is incorporated.

Design does not protect the idea of ​​applying a drawing (in this case, a pattern) already known to a different garment, but rather the design or model itself.

The magistrates conclude that the industrial design in dispute lacks singular character because, although the pattern is not exactly the same as that of the cachirulo, it does not produce a different overall impression, even in view of the difference in use as a handkerchief or as a tubular brief.

And if the general impression is not different from that of the cachirulo, there will be no uniqueness when the pattern is applied to a tubular or neck brief, as long as it does not produce a different general impression for the informed user of these products.The latest scandal hit by UK banks is the improper sale of investment and pension products.

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