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When The Product Is The Brand: IP Due Diligence Lessons From Crocs’ EU Design Defeat
The EU General Court's decision in Crocs Inc v EUIPO reveals how even globally iconic product designs can be invalidated for lack of individual character, demonstrating that commercial success alone cannot protect intellectual property rights. This case highlights the critical need for product-as-brand businesses to implement staged IP strategies that evolve from design rights at launch to trade mark protection as brand recognition develops.
Macfarlanes LLP