Thursday, October 29, 2009

Are lawyers' letters protectable as designs?

It takes a craftsman to recognise a craftsman. ACID member Porta Romana recently gained satisfaction in its claim that Dutch company Maretti was selling what appeared to be copies of their sculptured ribbon wall lights and table lamps, without the hassle of a court appearance. Following the settlement, ACID CEO Dids Macdonald said:
“Taking legal action is not necessarily going all the way to Court. Often, as in this case, a series of well crafted legal letters before action can achieve positive results in a timely manner.”
Class 99 wonders whether the generous scope of protection conferred under Community design law is broad enough to embrace "well crafted legal letters", regardless of their functionality in achieving the desired results. Assuming that there's no problem with novelty and individual character, that is. After all, Article 3 of Regulation 6/2002 provides that
"(a) "design" means the appearance of the whole or a part of a product resulting from the features of, in particular, the lines, contours, colours, shape, texture and/or materials of the product itself and/or its ornamentation;

(b) "product" means any industrial or handicraft item, ... packaging, get-up, graphic symbols and typographic typefaces ...".
Could be, don't you think?

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