In 2012 the Chinese company Zhengte launches a tent with a floating butterfly shaped roof. This unique shape is being protected through a European Union design registration. When the Dutch firm Blokker introduces a similar tent, named Le Sud, the Chinese bring the matter before the court. Claiming infringement of their registered EU design.
First the judge checks if the registered design fulfils the legal requirements (new and individual character), because there are more tents on the market with a butterfly shaped roof. All these versions are different, so the design is new. It has also an individual character, because of its elegant shape, resulting in a distinct overall impression. According to the judge, the registered EU design is valid and this is a major setback for Blokker. The Blokker party tent is nearly identical to the Chinese tent, giving the same overall impression to the customer. As a result, the tent may no longer be sold and Blokker has to compensate the legal costs of the other party.
