26-Year-Old Brand's Designs Invalidated: Novelty and Individual Character Requirements Not Met

In its decision No. E.2022/262 K.2024/247, Bakırköy 1st Intellectual and Industrial Property Rights Court invalidated two industrial designs, finding they lacked novelty and individual character. The main infringement claim was consequently dismissed.

Case Summary

The plaintiff, a bathroom furniture manufacturer with 26 years of market presence, held two registered industrial designs. The defendant counterclaimed for invalidation, submitting prior images predating both design applications.

Court's Assessment

For the first design (filed 25.02.2013), a screenshot dated 16.11.2012 showed a confusingly similar product. For the second design (filed 20.03.2019), a product image dated 15 June 2017 was identified online. In both cases, expert examination found no difference in the overall impression on an informed user, establishing that novelty and individual character requirements were not met at the time of filing. Both designs were invalidated. Since invalidation takes retroactive effect (ex tunc), the main infringement claim was dismissed. The counterclaim for damages was also rejected for lack of evidence of bad faith.

Key Legal Principles

• Invalidation takes effect ex tunc: A design deemed invalid is treated as if it never existed; infringement claims based on it cannot succeed.
• Prior online images are decisive: Publicly accessible images predating the application can destroy the novelty of a design.
• Informed user standard applies: Similarity is assessed from the informed user's perspective, not the average consumer.

This article is for informational purposes only and does not constitute legal advice.