European general court backs EU office for intellectual property – no registered design for Crocs shoes – Christian Hertz-Eichenrode`s interview with LTO
In the dispute regarding the European design rights for its famous plastic clogs, US manufacturer Crocs faced defeat in the European General Court.
In Luxembourg, the judges confirmed the decision of the European Union Intellectual Property Office (EUIPO) and justified this by the fact that the shoe design was famous for a too long period of time before the application for intellectual property rights. The core of the matter is the famous plastic clog with the heel strap, millions of which have been sold the world over. The dispute focuses on whether the design was actually also famous for too long in Europe, especially since the design was only registered in May 2004 in the US. The decision was commented by Christian Hertz-Eichenrode, a trademark expert at the Hamburg FPS office, for LTO.