The LAMZAC Hangout does not remain unnoticed for long and both in the Netherlands and abroad different similar products appear, among them the KAISR Original. Fatboy (who purchased the rights on the LAMZAC) claims that Massive Air (the producer of KAISR) is infringing its rights. The latter contests this claim. The shape of the inflatable life size lounge seat is mainly required to obtain a technical result and therefore excluded from protection as a design.
The judge does not completely agree with this reasoning. It is right that an inflatable sofa must have certain minimal measurements in order to function. However, the designer still has a variation of shapes which he can choose to fulfil this. De KAISR has the same altitude, the same double pipe form and the same deep slit in the length. The two corners at the head are different, but insufficiently to create a distinct overall impression. Outcome: infringement and a prohibition. Massive AIR then introduces a modified design, the KAISR3 . The main objective is to provide for the customers that originally ordered the KAISR V1 or V2.
The judge also forbids this, because a profit may be made as a consequence of the earlier infringement. The customers should be returned their money and after that they can decide whether they want to purchase the KAISRV3 or the LAMZAC Hangout.
