Country: Germany
Tribunal: Regional Court of Frankfurt (Landgericht)
Date: 17/03/2004
Case No.: 3/12 O 05/04
Parties: --
Design: --
Citation(s): Thane International Group's Application, Re (3/12 O 5/04) [2006] E.C.D.R. 8, GRUR-RR 2005 Heft 1
Link to case:
Author: David Musker, R G C Jenkins & Co

This concerned unregistered community design right in the AB SWING abdominal muscle trainer which, on appeal, was revealed to have been first disclosed in the US. Held, that this did not give rise to an unregistered community design, but rather (since it would have become known in Europe) ensured that any such right would lack novelty. Design invalid.