Celaya ruling makes things easier for RCD plaintiffs

In November 2011 Class 99 reported on the Opinion of the Advocate General in a case referred to the Court of Justice of the European Union from the Spanish Community Trade Mark Court in Alicante, Case C‑488/10 Celaya Emparanza y Galdos Internacional SA v Proyectos Integrales de Balizamientos SL.

The Court of Justice has now given its judgment. It confirmed yesterday that a defendant in registered Community design infringement proceedings cannot rely on the fact that the product he manufactures is in accordance with his own Community design registration, if (i) his product falls within the definition of an infringing product and (ii) his registered Community design is a later right than that of the plaintiff, even if (iii) the plaintiff has not applied to cancel his later registration.  The defendant's intention is also irrelevant to whether he is an infringer.