BMW AG – Enforcement of BMW’s Registered Community Designs

High-quality design is a key success factor for car manufacturers building their brands and developing a loyal customer base. This is particularly true of premium car brands.   High-end design products make tempting targets for manufacturers and sellers of after-sales replica parts.

This was the core issue in a recent dispute where we successfully represented BMW; a design rights infringement case concerning replica rims. The court upheld our client’s infringement claim, ordering the defendants to pay damages. The case is precedent-setting in Finland in holding that car rims do not constitute ‘spare parts’ under design law and in defining the scope of criminal liability for the infringement of European-level IP rights, such as EU Community designs and EU trade marks.