Amsterdam District Court, 12 January 2017, Spin Master v High5, competence in Community Design matters
The Amsterdam District Court held it is competent to rule on an application for a provisional measure relating to a Community Design.
High5, the defendant, argued that the Amsterdam District Court was not competent to rule on an application for a provisional measure relating to a Community Design. High5's main argument was that Spin Master was invoking its Community Design and that the District Court of The Hague is exclusively competent to hear such claims.
The Amsterdam District Court held that article 90(1) CDR provides that application may be made to the courts of a Member State, including Community design courts, for provisional measures. The Court also held that it does not follow otherwise from the same provisions, read in conjunction with the local law appointing the court of The Hague as the Community Design Court, to rule on applications for provisional measures relating to Community Designs, particularly when the plaintiff seeks relief only in the Netherlands.
Thus, for provisional measures, not just the Community Design courts are competent.
The AKD 'Trade Marks & Design' desk helps your company register your intellectual assets. Read more about our Trade Marks & Design services hereâ.
Amsterdam District Court, 12 January 2017, Spin Master v High5, competence in Community Design matters
The Amsterdam District Court held it is competent to rule on an application for a provisional measure relating to a Community Design.
High5, the defendant, argued that the Amsterdam District Court was not competent to rule on an application for a provisional measure relating to a Community Design. High5's main argument was that Spin Master was invoking its Community Design and that the District Court of The Hague is exclusively competent to hear such claims.
The Amsterdam District Court held that article 90(1) CDR provides that application may be made to the courts of a Member State, including Community design courts, for provisional measures. The Court also held that it does not follow otherwise from the same provisions, read in conjunction with the local law appointing the court of The Hague as the Community Design Court, to rule on applications for provisional measures relating to Community Designs, particularly when the plaintiff seeks relief only in the Netherlands.
Thus, for provisional measures, not just the Community Design courts are competent.
The AKD 'Trade Marks & Design' desk helps your company register your intellectual assets. Read more about our Trade Marks & Design services hereâ.