karen millen outlet online
The recent decision of the CJEU in the Karen Millen case provides important guidance to fashion designers and retailers who rely on unregistered design rights in their designs according to the Council Regulation (EC) No. 6/2002 on Community Design. The CJEU ruled in favor of Karen Millen in the proceedings, which concerned sales made by Irish retailer Dunnes Stores and which were brought pursuant to the Community Design Regulation No. 6/2002 (hereinafter the Regulation).
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By its second question, the referring court asked, in essence, whether, in order for a Community design court to treat an unregistered Community design as valid, the right holder of that design is required to prove that it has individual character within the meaning of Article 6 of that Regulation, or needs only to indicate what constitutes the individual character of that design (under Article 85(2) of the Regulation). The answer to the second question was that the right holder is not required to prove the individual character of its design but need only indicate what, in his view, are the element(s) of the design concerned which give it its individual character.