USM Haller II: Can Modular Furniture Systems Defend Their Ground with Copyright?

WISECODE Take

Many business owners mistakenly believe that industrial products or furniture can only be protected by patents or trademarks, overlooking that copyright can also serve as an invisible line of defense against copycats under specific conditions. In military terms, besides the frontline patent bunkers, you need copyright flanks. In the German Supreme Court case (I ZR 96/22), furniture maker USM Haller sued competitor Konektra for selling components of its modular system; although the case went through the CJEU (C-580/23), the court remitted it back, showing that copyright for applied art is a prolonged trench warfare. For enterprises, when patents expire, copyright can be a strategic weapon if the product has unique aesthetics. However, Konektra's gradual shift from selling spare parts to offering complete assembly kits warns us that any gap in our defense will be exploited by competitors. We suggest taking early defensive actions. First, keep comprehensive design drafts and creation history during R&D to prove originality; second, build a multi-layered IP protection net for flagship products. IP protection relies on joint operations, not a single branch of service. We offer patent portfolio health checks to identify blind spots, and we advise consulting professional evaluation to build your strongest business defense.