It's catch-up time again as the impossible quest to keep abreast of all the major IP rulings continues and this Kat gets the feeling that he is not so much making progress as merely chasing his tail. Case C‑205/13 Hauck GmbH & Co. KG v Stokke A/S, Stokke
Nederland BV, Peter Opsvik and Peter Opsvik A/S was decided on 18 September, but this Kat -- who has been beset by a succession of happy distractions -- has only just got round to writing it up for the weblog. It's a ruling of the Second Chamber of the Court of Justice of the European Union (CJEU) which, as is so often the case, seems somehow less important after judgment has been given than we thought it might be when we were still awaiting it in a state of attentive uncertainty.
But Stokke was not alone in the market: Hauck made, distributed and sold its own children’s articles, including two chairs named ‘Alpha’ and ‘Beta’. In Germany, in proceedings between the same parties, the Oberlandesgericht Hamburg (Higher Regional Court, Hamburg) held that the ‘Tripp Trapp’ chair was protected by German copyright and that the ‘Alpha’ chair infringed that copyright.
Falling out of high chairs here
More on Tripp Trapp here
Von Trapp here
Finally, here's a special report by Katfriend and noted IP scholar Henning Hartwig (Bardehle Pagenberg), which discusses this case in greater analytical depth.