When Elektrobud launched a new food truck based on a tuk-tuk, they protected the design with an EU design registration. The design had to be novel and have its individual character. The new model was an updated version of an earlier tuk-tuk.
A few years later, the registration was challenged because three years earlier, photos of the first version had been posted on Facebook. The differences between the tuk-tuks were minimal (different handles and storage drawers). As a result, the earlier Facebook posts meant the design was no longer new. The overall impression of the original and the new version was the same. Result: the design registration was cancelled. Lesson learned: when developing a new product, discuss early with legal whether you want to keep a competitive edge and protect your rights in time. A social media post can be fatal
