Five years after Mercedes-Benz launched the Maybach S-Class, a design application was filed with the EUIPO for a highly similar car. The designer appears to have taken inspiration so far that he even ‘accidentally’ incorporated the Mercedes logo into the design. Mercedes-Benz responded by filing an invalidity action. According to Mercedes-Benz, the design was not new. Press photographs of the Maybach had already appeared online in 2020. The images clearly showed both the vehicle and the publication date, meaning that an informed user could easily have found them online.
The EUIPO agreed. In the automotive sector, designers enjoy considerable freedom, which means that small differences are often insufficient to create a different overall impression. The most important features of the vehicle had been reproduced almost identically, including the body shape, front and rear sections, headlights, taillights, grille and bumper. There were some differences, such as the fuel cap, a different roofline and the three-door versus four-door configuration, but these were insufficient to create a different overall impression. The design was found to lack both novelty and individual character and was therefore declared invalid. Inspiration is perfectly acceptable, but keep a sufficient distance. A final tip: do not copy the logo, trademark or emblem of your source of inspiration in your design.
