Design registration pays off
When introducing its fragrance stick holder in 2019, Rituals had the shape of the holder registered as a European design. This registration has now paid off. According to the court, Aldi’s holders exhibit “a high degree of similarity” with the protected Rituals holder. Therefore, the court ruled that this constituted both design infringement and copyright infringement.

Penalties
If Aldi took more than 4 hours to remove the products from the market, the supermarket would face substantial penalties. In that case, the court allowed Rituals to choose: either Aldi pays €15,000 per day of violation or €500 for each bottle sold. This would be capped at a maximum of €350,000. It’s safe to assume Aldi sprang into action quickly with the recall on December 4.

Value of European design registration
This ruling underscores the value of design registration. However, the timing of registration is crucial. Design registration is only possible if a design is new. If a design has been on the market for more than a year, registration is no longer an option. Once registered, a design is protected for up to 25 years across the entire EU (27 countries). For more information about design protection, you can contact Chiever.
Bas Kist
Photo by Lala Azizli on Unsplash