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Ferrari bonnet unregistered design?

Ferrari bonnet unregistered design?

Mansory Design sells tuning kits with which the appearance of a 'normal' Ferrari 488 GTB can be transformed to look like a FXX-K, a rare race car of which only a few exist. Main characteristic of the latter is the V shape of the bonnet (hood). Ferrari has not protected the appearance of this car as a registered design however it opposes the sale of the tuning kits, relying on an unregistered design. This normally applies to the entire product. Can Ferrari rely on a part of such a design?

 

Court holds that this is possible but only if the part has been clearly recognizable during the first public showing. This leaves plenty of ground for discussion. It is therefore questionable whether the court will accept Ferrari’s claim. This usually does not hold true for ordinary consumer products. Lesson learned for producers: if you aim to claim the design of a product as a whole or in part, go for a registered design. This allows you to indicate very precisely that you also want protection for a certain part in addition to the entire model.

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

Een korte introductie tekst over de nieuwsbrief waarin je uitlegt wat het is. Hoe je direct de nieuwste editie kunt lezen en hoe je je kunt abonneren. And click here for all the numbers.

Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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