German Federal Court Overturns Ruling in USM Furniture Copyright Case

In a significant development for the Swiss furniture manufacturer USM, Germany's Federal Court of Justice (BGH) has partially ruled in favor of the company in its ongoing copyright dispute concerning the iconic "USM Haller" modular furniture system. The BGH overturned a previous decision by the Higher Regional Court of Düsseldorf, which had previously rejected USM's lawsuit alleging copyright infringement.

The "USM Haller" system, known for its chrome-plated round tubes, spherical connecting nodes, and colorful metal panels, is claimed by USM to be a work of applied art protected by copyright. The company accused a competitor from Nuremberg of infringing this protection and sought remedies including injunctions and damages. However, the Düsseldorf court had previously denied copyright protection, only recognizing claims under competition law.

The BGH found that the reasoning used by the Düsseldorf court to deny the criteria for a "personal intellectual creation" was flawed and did not withstand legal scrutiny. Consequently, the case has been remanded back to the Higher Regional Court of Düsseldorf. This court must now conduct a new examination to determine if the "USM Haller" furniture system is indeed protected by copyright as a work of applied art and whether the defendant competitor has violated such rights. The BGH emphasized that no higher standards should be applied to the originality assessment of applied art compared to other types of works.