In Stokke/Cybex et al. (in Dutch), the Gelderland District Court imposed preliminary injunctions: the IRIS Chair of the German company Cybex infringes Stokke's copyright in the Tripp Trapp chair.
Background
The Norwegian company Stokke took action against the German company Cybex and the Dutch retailers Babypark and Baby-Dump for copyright infringement of the Tripp Trapp chair. Stokke sought injunctions for different territories: against the retailers for the Netherlands (since they did not operate outside the Netherlands), but against the German Cybex for all EU countries.
Cybex and the retailers disputed, among other things, the copyright protection of the Tripp Trapp, arguing that the chair's features were technically determined, trivial, or common in Scandinavian design. They also argued that the IRIS Chair created a different overall impression because of its differing angles, proportions, and details.
Original creative choices
Originality forms the basis for copyright protection. There must be free and creative choices reflecting the maker's personality. Of the eight features asserted by Stokke, the court found two original:
- the L-shape of the side panels and crossbars, and
- the slanted uprights integrating all parts of the chair.
Other elements, such as rounded corners and the absence of decoration, were deemed banal, technically dictated, or matters of style, and therefore not creative choices. This (preliminary) assessment aligns with earlier rulings between other parties; the Tripp Trapp has previously been before the Dutch Supreme Court.
Scope of the injunction
As to Babypark and Baby-Dump, the court considered the infringement minimal, as they only target the Dutch market. Accordingly, only a national injunction was appropriate. However, German Cybex was given an injunction covering all EU countries, except for eight where Stokke failed to show a risk that the IRIS Chair would be offered.
Conclusion
Copyright is harmonized in the EU but still based on national laws. This ruling shows that Dutch courts are not reluctant to issue cross-border injunctions on the basis of copyright, even if the matter seems purely national for the Dutch defendants. This makes the Netherlands attractive for rightsholders who do not want to litigate in every separate jurisdiction. However, such an EU-wide injunction is not automatic: it only applies to countries where a real risk of infringement exists.
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