Zebra's design protected by copyright
In a judgment of 16 October 2023 the Danish Maritime and Commercial High Court finds that Upström ApS has infringed Zebra A/S' rights under the Danish Copyright Act and the Danish Marketing Practices Act by selling a copy of Zebra's cable hider. The Court upheld all Zebra's claims. Plesner represented Zebra during the proceedings.
Zebra, which operates the Flying Tiger Copenhagen stores, launched a cable hider in 2015. The cable hider - and the award-winning 'Fold'-range which it forms part of - is inspired by the folding technique which has been used in Denmark since the Viking period. The cable hider is designed by Lovorica Banovic, Zebra's Head of Product Design, and is an integral part of the product range in the Flying Tiger Copenhagen stores.
The Maritime and Commercial High Court found that Zebra's cable hider is protected under both the Copyright Act and the Marketing Practices Act. The Maritime and Commercial High Court also found that Upström had infringed these right by selling a cable hider which was identical to that of Zebra. Photos of both Zebra's and Upström's cable hiders can be seen in the judgment (link below).
The Maritime and Commercial High Court allowed Zebra's claims for an injunction, revocation and reasonable compensation and damages. Upström was further ordered to display the decision on the front of their website for a total of 30 days from the date of the final judgment.
The Maritime and Commercial High Court found that Upström's EU design registration was invalid because the claim for novelty was not fulfilled at the time of application and registration.
Over the years Zebra has designed an increasing number of their own products, and Zebra has received several design awards for these products. The Maritime and Commercial High Court's decision is the first to grant copyright protection to one of the products designed by Zebra.