Social Media Posts Can Prevent Design Protection

Social media is a powerful tool for promoting products. However, a common mistake that many designers and inventors make can significantly jeopardise the chances of protecting their intellectual property.

The General Court of the European Union (EGC) demonstrated the increasing importance of social media screenshots in the gathering of evidence with its judgement of 6 March 2024 (T-647/22), in which it invalidated a shoe design registered by the German fashion company Puma SE. Puma had underestimated the weight of social media posts. The EGC ultimately ruled that Puma's design right failed because of the prior disclosure on Instagram posts and was therefore no longer "new" at the time the application was filed. The decision was significantly influenced by the social media presence of the singer Rihanna and showed once again that screenshots from social media such as Instagram, Facebook, X, TikTok, YouTube and online platforms in general are a serious source of