The Germany-headquartered manufacturer of cosmetic applicators and packaging has successfully defended its Intellectual Property Rights by overcoming an attempt to invalidate one of its registered designs.
In October 2025, the Frankfurt District Court dismissed the claims brought by a cosmetics brand against which Geka had previously enforced its design rights relating to cosmetic applicators. The court held that, although the brand’s designs were not entirely identical to Geka’s protected design, they did not create a different overall impression and therefore fell within the scope of protection of Geka’s registered design. As a result, the brand was prohibited from using the design without Geka’s consent, and Geka was entitled to seek damages. The judgment has since become final, as the brand withdrew the appeal filed against the court’s decision.
In a further decision issued in March 2026, following a counterclaim brought by the brand, the German Patent and Trade Mark Office (DPMA) also ruled in Geka’s favor, confirming the validity of the design right. The DPMA further held that the design enjoys at least a medium scope of protection due to its distinctive features and unique character at the time of filing. This decision has likewise become final.
According to Geka, the latter decision is of particular practical significance, as the applicators at issue were sourced outside the EU and subsequently imported into and distributed in Germany by various established cosmetics retailers as part of cosmetic products marketed under the defendant’s brand. The ruling therefore confirms that products falling within the scope of the protected design may not be offered, sold, or distributed within Germany when they breach the protection, irrespective of their origin or primary market.
Geka and the defendant had previously been involved in a legal dispute concerning another applicator covered by the same German registered design. Under the resulting settlement agreement, the cosmetics brand undertook to cease the sale of the disputed applicator in Germany and to refrain from marketing any applicators infringing the design in the future. The Frankfurt Regional Court further held that the sale of the applicators at issue in the present case constituted a breach of that earlier settlement agreement.
“Geka considers this an important victory and will continue to vigorously enforce its rights and defend its entitlement to ownership of its proprietary, well-known, and uniquely designed applicator, the LipDEFINER, which benefits from the recent judgment,” concluded the manufacturer. “Geka and the medmix group have previously enforced their rights in a significant number of cases to protect their intellectual property and are more determined than ever to enforce their IP-rights and to avail judicial help for that purpose, if necessary.”
