Fabio Adinolfi in GRUR-Prax 09/2024 on the effects of social media posts on design rights

BOEHMERT & BOEHMERT attorney at law Fabio Adinolfi explains in his article in GRUR-Prax 09/2024 how the sneakers worn by Rihanna in a social media post prevented Puma from obtaining Community design rights.

The registration of a Community design (RCD) of the sporting goods manufacturer Puma for sneakers from 2016 was declared invalid by the EUIPO at the request of a third party. The reason given for this was the “disclosure” of the RCD through posts on pop star Rihanna’s Instagram account two years earlier.

The General Court confirmed the decision of the EUIPO in its judgment (T-743/22) of March 6, 2024. At the time of the application, the RCD therefore had no individual character within the meaning of Art. 6 CDR.

Fabio Adinolfi’s conclusion is thus: If a similar design is shown to the public via social media a long time before the registration of a RCD, this constitutes a disclosure within the meaning of Art. 7 I CDR, which deprives the RCD filed for registration of its individual character. The author also recommends companies that commission influencers for their product advertising to file the corresponding RCD or design application promptly after the disclosure of a new product. After all, the legislator has set a decision period of twelve months for such cases.

Registered users of GRUR-Prax can download the full article by Fabio Adinolfi here in German.