Country: Germany
Tribunal: Landgericht Düsseldorf, Zivilkammer 12 (District Court of Düsseldorf, Civil Court 12)
Date: 28/4/04
Case No.: 12 O 123/04
Parties: --
Design: --
Citation(s): --
Author: David Musker, R G C Jenkins & Co

Facts
The case concerned an interlocutory injunction under an Unregistered Community Design for a shoe. The judgment was rendered as an ex-parte-injunction (the defendant did not appear before court). The shoe had the appearance of a combination of a trainer of the type known for 30 years and a ballet shoe. It had laces purely for decorative purposes, an upper part in a different colour to the lower part, and stripes down the sides.

Findings
Since Germany had not yet nominated Community Design Courts, under CDR Art 80(5) the Düsseldorf Court had jurisdiction for this action by virtue of CDR Art 81(a) and Art 82(5). The shoe had individual character by virtue of the combination of style elements from the fields of elegance and sports, and from two different times. The proprietor had thus met the burden under CDR Art 85(2). The injunction was ordered.