Country: DE
Tribunal: Bundesgerichtshof
Date: 24/03/2005
Case No.: I ZR 131/02 Hand towel squeezer Handtuchklemmen
Citation(s): GRUR 2005, 600, 603
Author: David Musker, R G C Jenkins & Co
Source: Bird & Bird Design Update, Nov 2006

An infringement action was brought under a German registered design and unfair competition. The unfair competition claim failed as the similarities were in known and functional features, whereas the same functional features were protectable by design as they were not "objectively and exclusively technically dictated".