October 30, 2019
The European Union Intellectual Property Office (“EUIPO”) recently issued a decision in a case brought by Piaggio against Zhejiang Zhongneg (“Zhejiang”), a Chinese scooter manufacturer. In 2014, Piaggio filed suit against Zhejiang alleging that Zhejiang had misappropriated the Vespa LX scooter design and used it in an unauthorized manner.
The EUIPO held in favour of Zhejiang and found that the Zhejiang scooter design, which features angular lines as opposed to the round lines on the Vespa LX, is substantially different from the Vespa LX. The EUIPO found that these differences in line design allow consumers to distinguish between the two products without confusion.
Authors: Amanda Bertucci and Matt McDonald