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Ban on wave shaped shoe display

Ban on wave shaped shoe display- copyrights infringement shoe display Shoebaloo

Copyright does not only apply to Art with a capital “A”. Products of applied art are also often seen as a creation. If this is the case, then a work is protected by copyright and slavishly copying it is not really sensible.

MVSA, an architects office, designs a shoe display wall for Shoebaloo. A vertical surface from the ceiling to the floor, constructed from wave shaped layers of wall panels with the same thickness. By altering the wave shape, plateaus on which a shoe can be placed are created. This is done with translucent materials, so that the shoe can be illuminated from underneath.

When Invert opens a similarly decorated store in Antwerp, MVSA objects. The question that arises is: is copyright applicable, since playing with wavy shapes may be just a trend and this was already applied in other buildings?

Court seems to thinks it is. Many creative choices were made with this design. The interior of Invert has copied the characteristic features of the design. The wall is constructed in the same way, with the same waves, the same thickness and illumination from underneath.

Regarding the question of trend / style: the implementation of MVSA is clearly original. Conclusion: the shop layout must be removed within three months and Invert is ordered to pay damages as compensation for the loss in license fees (Source image: IE-Forum.nl)

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

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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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