Karen Millen Fashions Ltd v Dunnes Stores

Subject Matter

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)

(Case C-345/13); EU:C:2014:2013; [2014] Bus LR 756; [2014] 2 All ER (Comm) 443; [2014] WLR (D) 273, ECJ

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