Rihanna 2019 in Paris Image: AFP
Photos of Rihanna wearing white sneakers posted on Instagram have consequences for the design protection of a Puma shoe. The EU court confirmed a decision by the EU Trademark Office declaring the registered design invalid.
Photos of pop star Rihanna wearing white sneakers posted on Instagram have consequences for the design protection of a Puma shoe. The General Court of the European Union confirmed on Wednesday a decision by the EU trademark office EUIPO, according to which the so-called registered design is declared invalid. The German sporting goods manufacturer had this protection for a specific shoe registered for the EU in 2016. (Af. T-647/22)
Dutch competitor Handelsmaatschappij J. Van Hilst (HJVH) applied to have the design declared invalid, which the EUIPO did in 2022. It justified the decision by saying that Rihanna had already worn shoes with the same characteristics a year before the application was submitted. Because a design must be new when it is registered.
Rihanna was named Puma’s new creative director in December 2014. HJVH provided photos from her Instagram account from the time in which she wore white sneakers with thick black soles. The photos were featured in several online magazine articles, the court said.
The photos were sufficient evidence that the older design – i.e. the shoe worn by Rihanna – had been disclosed. The court explained that experts from the relevant industry could have known this. The key features of the shoes can be seen in the photos with the naked eye or with the help of magnification.
Puma had argued that no one was interested in Rihanna’s shoes in December 2014. However, the court rejected this argument. She was already a world-famous pop star back then, it explained. Fans and fashion professionals would have been particularly interested in the shoes she wore on the day she signed her contract with Puma.
It affirmed the trademark office’s decision and dismissed Puma’s lawsuit. The sporting goods manufacturer can take action against the ruling before the next higher authority, the European Court of Justice.
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