The Court judges that LAMZAC is a valid design, not determined by technical features.
A great danger for the validity of design rights is the requirement that the design must not be determined by technical features.
The LAMZAC is an inflatable mattress of which the design is filed at EU IPO. When a counter party was summoned to stop with a likely design for an inflatable mattress they counter attacked by claiming the nullity of the LAMZAC design due to technical necessity of how an inflatable mattress looks like. EU IPO dismissed the nullity claim and previous mattresses like the Cozy Canoe and the Sensory Pea Pod were not considered to be detrimental to the required novelty and unique character of the design.
LAMZAC is a valid design, not determined by technical features.
Fatboy the Original