Bicycle basket is a European Union design, but has no copyright

Bicycle basket is a European Union design

In 2011 Basil Denton unveils the new rotan bicycle basket, with leather strips. Less than a year later the competition introduces a basket that looks suspiciously alike, the Java New Looks. This likeness is not be accident. A picture of the Basil Denton product served as its inspiration. The director did not want an exact copy, claiming: “We would like to change the baskets a little bit so that they are not exactly the same as Basil”. Basil demands that the baskets are removed from the market.

Because no design registration took place, Basil had to invoke its copyrights and its unregistered design rights. The claim based on copyright failed. The design is too basic and its looks are determined by function. The claim based on an unregistered design do stick, however.
The combination of the distinctive elements are not found in any existing baskets. The Java basket does not differ sufficiently from this, and it was also based on the Basil design. Basil’s claim on design rights was therefore successful. The only drawback is that the prohibition and the damages were limited. An unregistered design only has a life span of three years. An actual registration can last up to 25 years and would have earned Basil much higher damages.

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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