H & M. There is a difference between a handbag from the French luxury brand Yves Saint Laurent (YSL) and one from H & M. It has EU authorities ruled.
The EU’s so-called harmonization office granted in 2006 YSL registration of the shape of two bags. A few years later, H & M appealed against that decision on the grounds that the design lacked individual character. H & M has had a similar case in its range.
The matter is then threshed by different instances, and now the General Court had its say. The Court considers that the differences between the bags is greater than the similarities, referring to the form, structure and surface treatment, and has given the Office the right.
“YSL’s designs provide a knowledgeable female user a different overall impression than H & M’s design”, we read in the decision.