Spieghel Trading applied for design protection in 2019 for a new line of furniture, the Blackbone series. Characteristics: the elegantly veneered brushed black oak, the wood-like structure, narrow wood strips in a herringbone pattern and, the transparent appearance and the stainless steel piece that gives the impression to float. When Decor Living comes with a similar set (Black Gold), a lawsuit follows.
The argument in defense that the design rights belong to the manufacturer does not hold. Spieghel holds the design registration and is therefore considered to be the party entitled.
The defense that the furniture is not new is also rejected. The furniture deviates sufficiently from the state of the art. The model rights are valid. Decor furniture does not make a different overall impression. Result: the ban is fully upheld.
