Design rights
Philips launched the Sonicare back in 2011. According to the company, the design was innovative and even “groundbreaking” at the time. To protect its brush, Philips had two European design registrations made. According to Philips, the Boombrush infringes on these design rights.
Copyright
In addition, Philips argues that the Sonicare is a creative work, which is subject to copyright. The Boombrush would also infringe these copyrights of Philips.
Nothing special
According to Boombrush, however, the design of the Sonicare at the time was nothing special. The company states that at that time there were already all kinds of brushes on the market with a similar minimalist design. The similarities between the brushes are simply due to ergonomic and technical requirements. In addition, the startup argues that Philips is trying to claim a certain style. However, that is not what copyright is for, according to Boombrush.
Shape
An important difference between the two brushes, according to Boombrush, is also the shape of the brush: the Sonicare has a square shape with rounded corners, while the Boombrush is round.
Handling
The case is pending before the District Court of The Hague. Boombrush must file its Statement of Defense on February 21.
Bas Kist
For completeness, I report that Boombrush is a client of Chiever. This court case is being handled by Boombrush’s lawyers, Julie Visser and Arnout Groen of AC&R.
