Dutch lighting company Vibesta has been cleared of design infringement by The District Court of The Hague in a case brought by Rotolight.
The preliminary decision ruled that the design of the Vibesta Peragos Disk does not infringe on the Community Designs of Rotolight and is not a “slavish imitation” of the Rotolight NEO-lights.
“We emphasise that the onward sale of the Peragos Disk will not be an infringement of our Community Design Rights,” Rotolight said in a statement that the Court ordered be sent to retailers and third parties which previously received letters containing these allegations.
“At Vibesta we are happy that the court confirmed our independent design that was a result of our in-house R&D capacity and strong industry design team creating a product with unique properties and strengths,” said Vibesta. “Vibesta would like to thank our customers and friends for their continuous support and is looking forward to bring more leading products to the market.”
Rotolight responded to the ruling: “We are very surprised by the judge’s opinion, particularly given Vibesta admitted to the “accidental” use of digitally altered images of the Rotolight NEO to promote their own Peragos Disk in court (since discontinued and removed), and also that multiple journalists and retailers independently commented on the striking similarities between the two products. Whilst we respect the judge’s opinion, this is a preliminary ruling only, and we plan to appeal. We are confident to ultimately prevail in the months to come.”