The Business Law Reports
[2014] Bus LR 756
Court of Justice of the European Union
Karen Millen Fashions Ltd v Dunnes Stores and another
(Case C-345/13)
EU:C:2014:2013
2014 April 2;
June 19
President of Chamber R Silva de Lapuerta, Judges J L da Cruz Vilaça, G Arestis, J-C Bonichot, A Arabadjiev, Advocate General M Wathelet
Design— Unregistered Community design— Validity— Requirement that design possess individual character in comparison with other designs— Presumption of validity where certain conditions satisfied— Whether assessment of character to be made by reference to earlier individualised designs or by amalgam of specific features of earlier designs— Whether presumption of validity applying only if design proven to have individual character—
Council Regulation (EC) No 6/2002, arts 6, 85(2)