On 22 April 2026, the General Court (GC) of the EU issued its judgment in case T-228/25 (Crocs v EUIPO – Gor Factory), confirming the decision of the Board of Appeal (BoA) of the EU Intellectual Property Office (EUIPO) which had declared invalid a registered EU design representing a shoe. The invalidity action was based on Article 25(1)(b) of the Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (Regulation), read in conjunction with Articles 4 and 6 of that Regulation, on the ground that the design lacked individual character in view of an earlier “Holey Soles” clog design made available to the public before the priority date claimed by Crocs. Notably, the GC recalled that individual character must be assessed by comparing the overall impressions produced by the designs on the informed user, considering the degree of freedom of the designer. In the present case, given the high degree of freedom enjoyed by the designer of clogs, the GC found that the shared overall shape, thick sole, rounded closed toe cap, circular holes on the upper and trapezoidal cutouts on the front and side outweighed the presence of a heel strap in the Crocs design, which was regarded as a minor variation. Furthermore, the GC clarified that the alleged reputation or iconic character of the product is not relevant to the assessment of individual character under Article 6 of the Regulation.
Newsletter n. 119 – June 2026
| Cookie | Duration | Description |
|---|---|---|
| Cookie per la sicurezza | 1 hour | We use a plugin to protect our website from malware, spambot or other violation attach. These cookies are necessary also to protect your personal data and all orders informations. |
| cookielawinfo-checkbox-analytics | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics". |
| cookielawinfo-checkbox-functional | 11 months | The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". |
| cookielawinfo-checkbox-necessary | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary". |
| cookielawinfo-checkbox-others | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other”. |
| cookielawinfo-checkbox-performance | 11 months | This cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance". |
| Languages preference | This cookie is used to maintain the user session variables and in particular to memorize the navigation language in order to deliver the contents in the chosen language | |
| viewed_cookie_policy | 11 months | The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data. |
| Cookie | Duration | Description |
|---|---|---|
| Newsletter | We use the Campaign Monitor API to enable you to subscribe to the newsletter. We save your email address (only with your explicit consent and manual action to add you to the list) to send you any updates and communications. For more information read the service policy https://www.campaignmonitor.com/policies/ |
| Cookie | Duration | Description |
|---|---|---|
| Cache plugin | 1 hour | This cookie is used for local caching purposes to improve the website loading time. |
| Cookie | Duration | Description |
|---|---|---|
| Google Analytics | from 30 seconds to 14 months | We use this Cookie to understand how you interact with content, your time spent on the site, the pages you view and other information. All data is anonymous this means that they will never be associated with you but used only for statistical purposes. _ga Registers a unique ID used to generate statistical data on how the visitor uses the website. _gid To distinguish the user (duration 24 hours) _gat To limit the speed of the request (30 seconds) _gali For advanced link attribution |
| Google Tag Manager | from 30 seconds to 14 months | Google Tag Manager manages statistical scripts or marketing tags. These tags set cookies, which collect data from your users to compile statistics and marketing analysis. |
| Cookie | Duration | Description |
|---|---|---|
| Google Tag Manager | from 30 seconds to 14 months | Google Tag Manager manages statistical scripts or marketing tags. These tags set cookies, which collect data from your users to compile statistics and marketing analysis. |