A turning point for the producers of wheel rims’ copies. Daimler wins against Acacia.
The judgment dated 20/12/2018 issued by the Court of Rome refers to the lawsuit between ACACIA S.r.l., a company based in Campania, and the German worldwide renowned company DAIMLER A.G., owner of several automotive trademarks such as Mercedes and Smart. This recent judgment represents a crucial turning point for the spare parts sector, clarifying doubts about the applications of the so called “repair clause” set in Art. 110 of the European Regulation n. 6/2002 relating to the protection of designs for “component parts of complex products”. Indeed, the Court claimed that notwithstanding the clause abstractly applies to wheel rims, it does not operate for models having the same design but differing from the original ones because of dimensions or colours.