Kiko Milano's Store Décor Protected

Given the trend of brands creating unique, Instagram worthy, in-store experiences to drive foot traffic, IP protection for interior store décor may be increasingly relevant.  In the U.S., trademark law applies and retailers can potentially register store designs as trademarks with the United States Patent and Trademark Office.  In Europe, interior design registrations are less common and the décor may be covered by copyright, trademark or a combination of both.    

Italian beauty retailer Kiko Milano ("Kiko") opened 300+ retail stores with the same simple, sleek, minimalist design.  When its main competitor, Wycon Cosmetics ("Wycon"), opened stores with a similar style, Kiko filed suit in (at least) Italy, Portugal and Belgium.  Kiko claimed that Wycon copied its concept, designs and colors, while Wycon argued that Kiko's stores only use common, functional design elements.