DOCERAM GmbH v. CeramTec GmbH
European Union Court of Justice
C-395/16 (2018)
- Written by Eric Miller, JD
Facts
DOCERAM GmbH (plaintiff) manufactured weld-centering pins whose designs were registered with the European Union, providing patent-like protection. CeramTec GmbH (defendant) made and sold pins of the same design. DOCERAM brought an infringement action against CeramTec in the Düsseldorf regional court. CeramTec counterclaimed for invalidity of the designs, citing a regulation against protection for any design that was dictated purely by the technical function of the product. The court agreed with CeramTec’s argument and dismissed the action. DOCERAM appealed to the higher regional court, arguing that the existence of alternative designs for weld-centering pins was sufficient to prove that the product’s appearance was not solely dictated by technical concerns. Unsure how to proceed, the regional court referred the matter to the European Union Court of Justice for a preliminary ruling.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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