Lego A/S v Pozitív Energiaforrás Kft

Subject Matter

DESIGN — EU registered design — Infringement — Community design protecting Claimant’s design allowing connection of mutually interchangeable products within modular system — Claimant contending components in defendant’s modular system not producing on informed user different overall impression — Abilities of “informed user” when making assessment — Whether possessing technical knowledge similar to that of sectoral expert — Whether “overall impression” including user’s technical opinion as well as visual perception — Whether infringement of only relatively small number of pieces of modular system constituting “special reasons” for not imposing sanction — Council Regulation (EC) No 6/2002, arts 8, 10, 89(1)

(Case C-211/24); EU:C:2025:648; [2025] Bus LR 2378; [2025] WLR(D) 468, ECJ

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