Plastic Dog Basket: Inspiration or Imitation?

In 2017, Basil launched a new plastic dog bike basket (the BUDDY). The old baskets were unhygienic, not weatherproof, and pretty heavy. Since the Buddy’s design was novel and had its individual character, Basil registered it as a design.

When the Clipper hit the market in 2022, Basil objected. This plastic basket also had rounded corners, a wire dome, and a carrying handle. Basil argued that the Clipper looked too much like their Buddy basket and claimed infringement of their design and copyright.

Clipper disagreed, saying the rim and feet were totally different, giving it a more robust look. The judge agreed: despite similarities (like the handle), the Clipper gives a different overall impression. The rim isn’t a gentle V-shape but a thick, rolled edge that runs slanted and uninterrupted downwards. The feet are separate and point inward. The fact that it’s made of plastic isn’t even apparent from the design registration. The claim was dismissed. Design rights are indeed the best way to protect a product’s appearance, but they do have limits. If the overall impression is different, it’s game over.

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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