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A ruling by the EU’s highest court involving unofficial sportscar kits is good news for designers, says Margherita Banfi of Allen & Overy.
The Court of Justice of the European Union (CJEU) has ruled on the conditions under which the appearance of a part of a product (or a partial design) may be protected as an unregistered Community design.
This ruling comes from a dispute in which Ferrari, the Italian racing and sports cars manufacturer, sued Mansory Design, a company specialising in the personalisation (known as “tuning”) of high-end cars, for infringement of a number of unregistered Community designs.
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Ferrari, sports car, designs, Allen & Overy, CJEU, infringement, tuning kit, Bundesgerichtshof