A Case in ‘Point’: Rothy’s succeeds in perhaps the UK’s final Community design case

Rothy’s, the popular shoe company from California, has today prevailed over Austrian company Giesswein — in what might be the UK’s final ruling on EU design rights.

As the Brexit transition period draws to a close this month, the Intellectual Property Enterprise Court has handed down judgment in favour of the Claimant, in Rothy’s v Giesswein [2020] EWHC 3391 (IPEC). The case demonstrates the importance of careful detail in design registrations.

We care deeply about protecting the intellectual property that Rothy’s works so hard to create, and are thrilled that the Court affirmed the validity of Rothy’s registered designs and found Giesswein to be infringing. With over 200 patents and trademarks granted or pending, we will continue to vigorously enforce Rothy’s rights and hold accountable those who infringe our designs. Rothy’s has loved working with Bird & Bird on this case and we have been impressed from the beginning with not only their technical expertise but also their fire and passion for this work, and for us as a client.  They have worked with us and with each other seamlessly despite the challenges presented by the global pandemic, and I am so pleased to have B&B in our corner.”  ~Marie Satterfield, SVP, General Counsel and Corporate Secretary at Rothy’s

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