Good Law represented Barber Trade in a dispute with Wahl over alleged design right infringement on barber products. Read how the interim relief judge ruled.
Good Law, represented by Sander Verbeek, successfully defended Kappershandel in a case brought by Wahl. The dispute revolved around whether Barbershop’s attachment combs, sold under the name StyleME, infringed Wahl’s Community Design Premium Attachment Combs.
No extension of design protection
Wahl argued that the StyleME attachment combs were virtually identical to the Premium Attachment Combs and therefore infringed the Community Design. However, the interim relief judge rejected these claims. The judgment stated that:
- Parts of the design that are expressly placed outside design protection by dotted lines cannot still be protected through actual use.
- The use of the model should only serve to clarify and cannot lead to an extension of protection.
The legal certainty of third parties would otherwise be compromised.
Insufficient evidence of distinctiveness
In addition, the preliminary relief judge ruled that Wahl had not made it sufficiently plausible that the Premium Attachment Combs have their own face on the market. Wahl submitted no evidence that would show that consumers recognise the Premium Attachment Combs as coming from Wahl.
The judge stressed that, without such evidence, Wahl’s contentions were insufficient to reach a judgment of design right infringement, even in summary proceedings.
Conclusion
The ruling underlines the importance of clear limits on design protection and the need for evidence to demonstrate a distinctive face in the market. Good Law successfully defended Barber Trade’s interests in this case, which resulted in the dismissal of Wahl’s claims.
