DESIGN | The EU General Court on individual character of footwear designs

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