Puma® has recently lost a case before the European Union’s General Court. The dispute revolved around the validity of a design of the Avanti trainer. The sportswear manufacturer registered a design at the European Intellectual Property Office (EUIPO).
This design was declared invalid on the grounds of lack of novelty because popstar, Rihanna, had posted a picture on her Instagram account showing the trainer, more than one year before the design application was filed. For this reason, the judge ruled that the “photos clearly showed that the essential features of the shoes were visible before the design was registered.” Puma® tried to argue that no one was interested in the shoes shown in Rihanna’s post and thus, the design was not noticed.
However, the judges disagreed and stated that Rihanna was already a world-renowned singer in 2014, when the Instagram post was published. As a result, her fans as well as fashion enthusiasts had a keen interest in the shoes and their design.[1]
A registered design protects features of an article. These features can be a pattern, a shape, configuration, ornamentation, or a combination of any of these. Think of the countless designer handbags out in the market, Versace dress, and sneakers with distinctive designs.
In South Africa, there are two types of designs, that is, an aesthetic design and a functional design. These are all considered aesthetic designs. Protection of an aesthetic design is valid for 15 years. The holder of design rights will have the exclusive right to exclude other persons from making, importing, using, or disposing of an article to which the registered design is applied.[2]
Remember that if you have an idea of a new design for shoes, dresses, handbags or other items that can qualify for registration of a design, do not share it before you protect your idea. Contact Tshaya Mashabela Attorneys, we are able to assist you with registration of designs and maintenance thereof.
