Yakkay successful in design case

With legal assistance from Plesner Yakkay A/S was successful in a Supreme Court case about the validity of Yakkay A/S' registered Community design of the shape of a helmet and about Stormwear ApS' infringement of the design.

In the case the Danish Supreme Court found that Yakkay A/S' registered Community design is valid by stating that according to an informed user's general impression the design of the Yakkay helmet differs from the shape of the bicycle helmets that Stormwear ApS had relied on as the basis for the lack of novelty and taking in account that the shape of the Yakkay helmet could not be deemed to be the usual basic shape of a bicycle helmet.

The Supreme Court also found that the appearance of the Cocoons helmet is a copy of Yakkay A/S' registered Community design, which is why Yakkay A/S' design right had been infringed.

On the basis of the above the Supreme Court consequently found that the injunction issued by the Danish Maritime and Commercial High Court was justified, but with the amendment that Stormwear ApS was to pay Yakkay A/S DKK 75,000 as payment and damages for the infringement that has taken place despite Yakkay A/S' failure to prove that it had suffered a loss. In this connection the Supreme Court emphasised, among other things, Stormwear ApS' unlawful earnings.

The judgment passed by the Supreme Court must be assumed to be leading for any future legal actions in design law as the judgment includes all the important aspects of design law and as it is the first time that the Supreme Court takes a position on the validity of a registered Community design.

Attorney-at-Law, partner Christian L. Bardenfleth conducted the case on behalf of Yakkay A/S.

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