Replica Wheel Sales Infringe BMW’s Community Design and Trade Mark Rights

The English High Court has recently ruled that a UK importer and seller of replica BMW alloy wheels could not rely on the “repair of a complex product” defence, available under the Community Designs Regulation (“the Regulation”), holding that the defendant had infringed BMW’s registered designs for the wheels. The defendant had also infringed BMW trade mark registrations by supplying with the wheels stickers bearing BMW trade marks (Bayerische Motorenwerke AG v. Round and Metal Ltd and Philip David Gross [2012] EWHC 2099 (pat), English High Court, Decision of July 27, 2012).

BMW brought proceedings in the High Court ...