SEB markets a popular food processor under the TEFAL brand, among others. To protect its rights, SEB had the machine registered as a Community Design in 2004. After, Philips enters the market with its own food processor.
The judge states that Philips does not infringe SEB’s rights. It is important in this respect that comparable kitchen machines had already been on the market before. The SEB machine does deviate from this, but the reason for this different shape is a technical advantage (easier to produce and use). Indeed, shapes that are technically determined cannot be claimed through a design registration.
The only similarity between the machines were said technically determined aspects. Philips’ machine distinguished sufficiently on all other points, so that for these other points there is a different overall impression.
