In 2021, this issue came before the European Court. The Court stated that even a part of a total product can be qualified as an unregistered design. However, that part must be clearly recognizable from the first disclosure of the design. For example, by being clearly delimited by an outline, colors or special texture.
It’s up to the local authority to judge this. And that’s where things took a turn for Ferrari. The Oberlandesgericht Düsseldorf rules that the part in question (the V-shape that overflows into the spoiler) is not clearly identifiable and delineated at all. Consequence: the claim (as we wrote earlier) does not hold up. If you want to claim a part of a design, simply apply for a design registration for it on time.
