STAMP company sued the French retail store chain La Foir’fouille, accusing it of infringing its copyright in the famous Tam Tam stool, in the absence of design rights, which had lapsed.
In its defence, La Foir’Fouille disputed the copyright on the famous stool, arguing that the stool’s functional features were unique in that the twin parts could be fitted together and taken apart. It also cited a 1966 design of the diabolo-shaped stool.
However, the Court of Appeal rejected this argument, and recognised the original character of the stool, its combination of interlocking and dismantling elements presenting a random, playful and aesthetic character.
