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Litigation before the EU Court of Justice on a cookie model

20 May 2020

Manufacture of biscuits

Opposing a monopoly sought by a competitor on the usual appearance of a product (in this case a cookie)

Key Figures

Litigation in three phases, pushed to the rare stage of the Court of First Instance of the European Union (CFI)


Cancellation of the design protected by the competitor throughout the EU on the basis of a primary and essential criterion of validity (lack of individual character)


Cancellation confirmed by the CFI who followed us on:

  • the indifferent character of the inside of the cookie filled with spread since it is not visible,
  • the fact that an irregular and rough surface on the outside of the biscuit, its yellowish colour, rounded shape and the presence of chocolate chips are only common characteristics of this type of product.

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