Infringements: Geka Wins Its Case

The German firm has just announced in a press release that it has prevailed in several infringement disputes over the past few months.
In particular, it successfully defended its intellectual property rights by fending off an attempt to invalidate its design patent No. DE 402008004121-0009, corresponding to its “LipDefiner” applicator, which had been filed by a cosmetics brand. Last October, the Frankfurt District Court had already ruled in favor of GEKA, finding that the disputed applicators, although their designs were not entirely identical to the protected design, did not create a different overall impression and therefore fell within the scope of protection of the design registered by the German firm. GEKA had thus prevailed, thereby prohibiting the defendant from using the design without its consent, with GEKA entitled to claim damages. The judgment was therefore final, as the defendant did not appeal the court’s decision.

However, last March, following a new action by the same company, the German Patent and Trademark Office (DPMA) also ruled in favor of GEKA, confirming the validity of the design right and the fact that it enjoys a scope of protection due to its distinctive features and its uniqueness at the time of filing. This decision is significant because the applicators in question were purchased outside the European Union and then imported and distributed in Germany by various retailers as part of product lines containing lip liquids. It confirms the prohibition on offering, selling, and distributing such products that fall within the scope of the design on German territory, regardless of their origin or market of origin. It should be noted that GEKA and this cosmetics company had previously been involved in a dispute concerning another applicator and the same design registered in Germany. An agreement had been reached, and the company had agreed to cease selling the disputed applicator in Germany and to no longer sell applicators that infringed the design. The Frankfurt Regional Court also ruled that the sale of these applicators in Germany constituted a violation of the prior settlement agreement. “GEKA and the medmix group,” the press release states, “have already asserted their rights in a significant number of cases to protect their intellectual property and are more determined than ever to enforce their rights and seek legal recourse to that end, if necessary.”