Infringement
In recent years, the case was assessed twice in summary proceedings, and the European Design Office also had to intervene twice. Like this last case, McCain drew the short straw in the previous
proceedings: Simplot’s European design rights are valid, and the Rustic Twist comes too close. Infringement!
Valuable design rights
The ruling demonstrates the value of European design registration. You can even get a solid monopoly for basic French fries in all 27 countries of the European Union.
Bas Kist
