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Copyright on an old chair?

Copyright on an old chair?

Plaintiff makes furniture made of glass fiber and polyethyleen and is the maker of the Ball Chair (designed in 1998(. Ramblaz produces promotion articles and at the request of a brewery a char that looks very much like the Ball Chair. When Ramblaz is confronted by the designer he does not deny the copying, but claims that there are no copyrights, enabling him to freely copy the chair.
An object only receives copyright protection if it is original, and an independent intellectual creation. Which defendant claims it is not since there is an older chair made by Eero Aarnio in 1968, which also features a ball.

The court disagrees with this stance. In designing the Ball Chair the designer obviously was inspired by the current trends of the 1960s (furniture in spherical shapes). This is not a problem because styles cannot be claimed. Plaintiff has made several artistic choices when designing the Ball Chair, which make the chair entirely different from the already existing Pastil Chair. The Ball Chair is therefore protected by copyright and the infringement is assumed. The court decides that the damage is € 31,000.-.

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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