Fish & Richardson's Munich Team Demonstrates Value of Design Patents in Important Patent Case for Newell Brands' DYMO®


Obtained EU-wide injunction against Avery

PRESS RELEASE: Munich, Germany, September 8, 2016 - Fish & Richardson's Munich team recently won an important design patent case for Newell Brands' DYMO division, an industry-leading provider of products for the office, the warehouse, the workplace, the home and the classroom. At an oral hearing, Fish Managing Principal Herbert Kunz convinced the Hamburg District Court that Avery GmbH (Avery) was infringing five different DYMO Community design patents by selling labels that could be used in DYMO label makers. Fish won an injunction that prohibits the sale of nine infringing Avery products in all EU Member States. The decision of the District Court Hamburg is currently under appeal.

European design patents are a powerful tool because they can be enforced throughout the 28 EU member states. Fish is an established leader in providing effective strategies to help clients protect important intellectual property by taking full advantage of the legal rights that accompany design patents.

"I was very pleased that we were able to achieve this great result for our client," said Kunz. "DYMO has been an innovator for over 50 years, and this injunction prevents a copycat from profiting from DYMO's hard work."

Design patents are a particularly cost-effective way to protect inventions at the EU because there is no substantive examination of designs at the time they are registered for patent protection. Registered Community Designs (RCDs) are fast, inexpensive, and maintain their value for up to 25 years.

Design patents will be impacted by Brexit in a minimal way; those who wish to enforce design patents in the UK will need to register their design patents there. And, British attorneys will not be able to directly file EU RCD applications but will require the assistance of an attorney licensed in an EU country.

Fish attorneys in Munich are licensed in Germany, and will continue to be able to file and prosecute RCD applications after the UK exits the EU. There will be no direct effect on the range of Fish's design patent services in Europe.