TY - JOUR
AU - Torelli, Valentina
AB - In a scenario in which the freedom of the designer is limited and the informed user shows a higher level of attention when wishing to buy an umbrella, the General Court held that Senz's highly wind-resistant umbrellas had individual character and deserved to be registered notwithstanding a challenge from invalidity applicant Implivia. That was so even though it had been recognized that some prior art existed in the form of an US earlier patent, but that earlier design of an umbrella produced a different overall impression on the informed user.
TI - The informed user's perception and a design's individual character
JO - Journal of Intellectual Property Law & Practice
DO - 10.1093/jiplp/jpv136
DA - 2015-10-20
UR - https://www.deepdyve.com/lp/oxford-university-press/the-informed-user-s-perception-and-a-design-s-individual-character-5ABrEdrxS7
SP - 737
EP - 739
VL - 10
IS - 10
DP - DeepDyve
ER -