Design Right For Baby Ear Protectors: When Does Infringement Occur?

Your product design is protected — but how far does that protection extend?

As an entrepreneur, you invest time and money in developing a distinctive product design. A design right offers you legal protection against competitors who bring a similar design to market. But when does an infringement actually occur? A recent ruling (7 September 2026) in the hearing protection sector shows how courts assess this question and what lessons entrepreneurs can learn from it. (source: ECLI:NL:RBDHA:2026:25842).

What is a design right and why is it valuable?

A design right protects the appearance of a product: its shape, lines, contours, colour or texture. It therefore does not concern the function or the technology behind a product, but solely how it looks. For businesses that use their product design as a distinctive brand feature, design right registration is therefore an essential tool.