Facts
The plaintiff Kehrer developed a model of a combined mailbox and milk box, for which he filed two designs in 1959 and 1961. The defendant Metallbau AG subsequently manufactured a similar product, which it filed as a design in 1966. The plaintiff then brought an action for infringement of his registered design rights and unfair competition. The Commercial Court declared the defendant's design invalid, but also cancelled the plaintiff's designs, considering that they did not meet the conditions for protection. The plaintiff then appealed to the Federal Tribunal.Considerations
The Federal Tribunal dismissed the appeal. It considered that the design elements of the plaintiff's model were either technically determined or in the public domain, without sufficient originality to benefit from design…