Cancellation of Industrial Designs
Bavarian Designs GmbH, is a German SME company dedicated to designing containers for the food industry.
Given their innovative designs, Bavarian Designs was contracted by one of the leading companies in Argentina in the industry of dairy products, called La Norteña, to develop a new design for their milk paperboard containers.
After 3 months, Bavarian Designs delivered La Norteña a new container.
The new design was so innovative that Bavarian Designs decided to register in Argentina the container design as industrial model.
Six months later, Bavarian Designs was convened to a pre-trial mediation proceeding instituted by La Leche Fresca, one of the direct competitors of La Norteña, who was starting to use an identical milk paperboard container, and, consequently, was seeking to invalidate the registered design, because they considered that the ornamentation mainly responds to a functional effect.