Copyright protection for utilitarian objects: same test as for other works
The CJEU has held that utilitarian objects and works of applied art are protected by copyright under the same originality standard as any other category of works. It rejects a stricter threshold for everyday objects and provides detailed guidance on how national courts must assess originality and infringement in this context.
How posts on Instagram did disclose the design of Puma’s shoes prior to the 12-month “grace period”
General Court confirmed the invalidity of Puma’s Community Design since the white shoes with a thick black sole had been made available to the public by Puma prior to the 12-month “grace period’.