French sporting goods retailer, Decathlon SA, has had its EU designs for full-face snorkelling masks confirmed valid by the 8th Chamber of the General Court of the European Union (“GC”). The landmark decision highlights that subtle design choices in the EU, such as shape, contours, and proportions, can tip technical function over the threshold to qualify for aesthetic design.
In two intertwined cases, Germany’s Delta‑Sport Handelskontor, a manufacturer and wholesaler of sporting goods, challenged the validity of Decathlon’s two EU registered design numbers: 002340224‑0001 and 002526699‑0001, which protect its iconic ‘EASYBREATH’ full‑face snorkelling mask. Delta‑Sport claimed the designs were invalid based on arguments that they were purely dictated by technical functionality and not by aesthetic design, and they lacked novelty and individual character, diminishing their eligibility for protection.
The GC dismissed Delta-Sport’s claims and confirmed that both of Decathlon’s EU designs are valid. Critically, it ruled that Decathlon’s designs were not solely functional and instead, they represent distinct aesthetic development, independent of technical constraints. The court also confirmed that no equivalent design had existed prior to Decathlon’s filings, reinforcing the novelty and uniqueness of Decathlon’s mask shape. The ruling sets a clear precedent that functional products, when coupled with aesthetic creativity, are protected under EU design law as even though the EASYBREATH mask serves a technical function, this did not prevent aesthetic design protection.
In July 2025, Munich’s regional court is set to hear infringement claims brought by Decathlon against third-party manufacturers, for which they can use this judgment to confirm its design validity.
If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.
