The Sneaker Saga: Puma’s Patent Pitfall and Rihanna’s Role

The Sneaker Saga: Puma’s Patent Pitfall and Rihanna’s Role March 13, 2024Leave a comment

Tariq launched his patent company Patent Insider TM in 2017 after 10 years working inside the U.S. Patent Office. A Morehouse Man, Georgia Tech graduate, former NASA engineer, App Developer, business owner, and Georgetown University graduate, Tariq uses his professional and educational experiences to bring a broader perspective to his patent practice. With Patent Insider, Tariq leads a team of patent insiders: patent agents, former USPTO patent examiners, and technical specialists dedicated to helping transform ideas and innovations into patents using their unique patent insider expertise. Patent Insider represents companies of all sizes, ranging from startups to Fortune 1000 companies. Patent Insider focuses on protecting the intellectual property assets and developing the patent portfolios of companies in a variety of industries, including software, consumer products, mechanical devices, medical devices, robotics, electrical signal processing, and electronic and computer technologies. Patent Insider also provides patent prosecution support for in-house IP counsel as well as IP law firms assisting with their patent matters. BAR ADMISSIONS : United States Patent and Trademark Office (2017).

Introduction The fashion and footwear industry often finds itself at the crossroads of innovation and intellectual property challenges. A recent ruling by the General Court of the European Union has brought to light the complexities of design patents in the age of social media influence.

Background Puma, a titan in sportswear, faced a significant setback when its registered Community design for sports shoes was declared invalid. This decision was influenced by the prior disclosure of a shoe model by none other than pop icon and Puma’s creative director at the time, Rihanna1.

The Dispute The case revolved around images posted on Rihanna’s Instagram account in December 2014, showcasing white trainers with a thick black sole. These images were not just any casual post; they marked her signing as Puma’s creative director. When Puma attempted to register the design in August 2016, it was challenged by Handelsmaatschappij J. Van Hilst (HJVH), leading to a declaration of invalidity by the EUIPO1.

Court’s Decision The General Court dismissed Puma’s action against the EUIPO’s decision. The court upheld the assessment that the Instagram images were sufficient to demonstrate the prior design’s disclosure. It was a clear message that even a global celebrity’s social media post could have far-reaching implications on intellectual property rights1.

Implications for Businesses This case serves as a cautionary tale for companies on the importance of understanding the impact of social media on intellectual property. It highlights the need for a strategic approach to IP management, especially in collaborations with high-profile influencers.

Conclusion The Puma-Rihanna patent dispute underscores the evolving landscape of intellectual property in the digital age. Businesses must navigate these waters carefully, balancing innovation with the meticulous safeguarding of their designs.

Key Takeaways

  • The importance of timely registration of designs and understanding the public disclosure implications.
  • The role of influencers and social media in the visibility and potential disclosure of designs.
  • The necessity for robust IP strategies to protect design integrity and company interests.

Tariq launched his patent company Patent Insider TM in 2017 after 10 years working inside the U.S. Patent Office. A Morehouse Man, Georgia Tech graduate, former NASA engineer, App Developer, business owner, and Georgetown University graduate, Tariq uses his professional and educational experiences to bring a broader perspective to his patent practice. With Patent Insider, Tariq leads a team of patent insiders: patent agents, former USPTO patent examiners, and technical specialists dedicated to helping transform ideas and innovations into patents using their unique patent insider expertise. Patent Insider represents companies of all sizes, ranging from startups to Fortune 1000 companies. Patent Insider focuses on protecting the intellectual property assets and developing the patent portfolios of companies in a variety of industries, including software, consumer products, mechanical devices, medical devices, robotics, electrical signal processing, and electronic and computer technologies. Patent Insider also provides patent prosecution support for in-house IP counsel as well as IP law firms assisting with their patent matters. BAR ADMISSIONS : United States Patent and Trademark Office (2017).

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