Rihanna's Instagram post throws a spanner in the works: Puma’s 'Creeper' shoe is no longer a design registration

© Puma

Puma registered the design of its Creeper shoe in 2016 with a view to obtaining the exclusive rights to it.

J van Hilst (HJVH) scuppered their plans by filing a revocation action claiming that the Creeper shoe did not meet the novelty requirement because Rihanna had worn an identical design in an Instagram photo taken a year earlier.

By law, any design application must be both novel and must differ in overall impression from other designs in the market. The novelty requirement stipulates that the design, or a closely similar one, must not have been made public on the date of the application. However, following her appointment as Puma’s creative director, ‘@badgalriri’ posted a photo in which she was wearing a shoe with an identical design more than a year prior to the filing of the application. Moreover, the photo had been shared in numerous online publications. HJVH argued that since the design had already been made public, the model lacked novelty.

The EUIPO agreed with HJVH and revoked the design registration. Puma Germany appealed, arguing that no one would have been interested in Rihanna's shoes when she posted the picture. The EU General Court dismissed the appeal on the grounds that Rihanna was a world-famous pop star in December 2014 and had signed her contract as artistic director on the day the photo was taken. Therefore, her fans and the fashion world had been very interested in the shoes she was wearing on that particular day. The Court affirmed that the images provided sufficient evidence to establish the disclosure of the model as all of the essential features of the shoes could be identified.

This decision underscores the importance of registering your design in good time (within 12 months of disclosure). It also emphasises the need for caution when publicly presenting designs, as from that moment on, the 12-month countdown begins.

Instagram @badgalriri (2014)

Author: Arnaud Bos

Bio: Arnaud is trademark attorney and within Knijff responsible for the marketing & communication. Arnaud is specialist in the metaverse and music sectors and his client portfolio includes many upcoming and renowned bands. He keeps a close eye on the latest case law in the EU and will let you know when he sees remarkable applications.