SilverCrest Monsieur Cuisine Connect

Product Information

The distinctive character of a trade mark makes possible to identify the goods from a certain company and distinguish them from the ones of other competitors. The ruling only affects the ‘Monsieur Cuisine Connect’ model, the one with the touch screen, for marketing in Spain. Because the Spanish judgement has increased the likelihood that other courts will issue similar rulings. In any case, Vorwerk’s patent would lapse very soon – next 27 June; from the following day, any third party might freely exploit the invention claimed by the patent.

This is because patent law is a territorial right, it only applies in the country in which the patent was validated – and its rights must also be defended individually in each country. In other words, it could be more complex for the relevant public, with an average level of attention, to make an association between a shape and its commercial origin. In this case, it seems that the court has focused more on the creativity of posing a new problem (new functionality) than on the solution given to it in the patent.In accordance with Section 34 of the Rechtsanwaltsvergütungsgesetz, this incurs one-off costs of 190 euros plus MwSt. All in all, the Monsieur Cuisine Smart comes dangerously close to high-end food processors like the famous Thermomix TM6 from Vorwerk. The judges ruled that technical specifications showed the differences between the cheaper version and that the Thermomix patent didn’t protect against it.

The Court of Appeals’ ruling states that WORWERK’s European patent is invalid on two grounds: addition of new matter and lack of inventive step. What is striking from the judgement is that the Court of Appeals answered all the questions raised by the appeal, albeit in greater detail, which is to be welcomed, and expressed doubts as to whether we are dealing with a case of illegitimate added subject-matter and lack of inventive step. This releases copious amounts of starch into the mixture, inevitably resulting in that glue-like concoction. The Smart version has some capabilities that this Connect version CAN perform, but yet the interface does not offer them. You can change your choices at any time by visiting Cookie preferences, as described in the Cookie notice.

Worwerk will probably use this judgment as a reference to try to replicate this judicial success in other European countries where it has patents in force protecting its food processor (Thermomix ®).

g. the Monsieur Cuisine Plus model) do not incorporate the patented weighing system and, therefore, are not affected and can continue to be marketed without problems. On the first issue, the Court of Appeals concluded that the combination of two of the features included in claim 1, namely that the control board has at least two separate control circuits, one for the stirring or mixing member and the other for the weighing device, is not supported by the patent application as originally filed. That was sufficient to uphold Lidl’s appeal, but the Court of Appeals answered the other issues raised in the appeal “in greater detail”. Sin una requerimiento, el cumplimiento voluntario por parte de su proveedor de servicios de Internet, o los registros adicionales de un tercero, la información almacenada o recuperada sólo para este propósito no se puede utilizar para identificarlo.I felt that I carried over much of the know-how from the Thermomix when using the Monsieur Cuisine, meaning that people who don't have the benefit of that information will most certainly struggle.