Alicante News, the organ of the Office for Harmonisation in the Internal Market, reports a decision of the Invalidity Division (ICD 7100) declaring invalid VW's 2003 registration of the Beetle shape as a Community design.
The application was filed as soon as registered Community designs became available. Unfortunately for VW, they had already obtained international design registrations for the original full-size model of the new Beetle and the first production model, which meant that there can never have been much chance of convincing anyone that the 2003 application was for a design that had individual character compared to the earlier designs. Indeed, I find it hard to see how it could have been considered novel, but it was for want of individual character that the design was declared invalid.
The invalidity proceedings were brought by model car maker Autec, which previously obtained a judgment from the Court of Justice, Case C-48/05 Adam Opel v Autec, controversially allowing toy manufacturers to use the trade marks of the real things on their own products. So, 2-0 to the toymakers so far - and should this hopeless-looking registered Community design be counted as an own goal?
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