Country: EU
Tribunal: OHIM Invalidity Division
Date: 20/01/2006
Case No.: ICD 000001014
Parties: AUDI AG v. Röder Zelt- und Veranstaltungsservice GmbH
Design: RCD 000027826-0001
Citation(s):
Language of Proceedings: German
Author: David Musker, R G C Jenkins & Co

(3) The Applicant asked that the CD be declared invalid, ‘since the requirements for protection in accordance with Article 4(1) of the Community Design Regulation (CDR) have not been fulfilled and the CD constitutes an impermissible use of a work which is protected under German copyright law.’ In its view, all the characteristic features of the CD were already known on the priority date. The remaining differences could not form the basis for protection ‘since they serve functional purposes (e.g. door) or are part of the general abundance of shapes which exist’.
B.4 Copyright
(14) On the basis of the differences mentioned above, the building shown in D1 and D2 is not a use of the work which is the subject of the contested CD. In view of these circumstances, the question of whether the subject of the CD enjoys copyright protection in Germany can be left open. The grounds for invalidity of Article 25(1)(f) CDR asserted by the Applicant do not prevent the maintenance of the contested CD.