Volkswagen Group has successfully defended a €5 million copyright claim brought in a German court by the daughter of Erwin Komenda, a former car designer who was Volkswagen’s Head of Design in the 1930s. Komenda’s daughter claimed that her father was the true designer of the Beetle, and that newer models of the Beetle, a model that has sold more than 22 million cars worldwide, continued to incorporate characteristics from her father’s design.
Komenda’s daughter relied on her father’s drawings of the original Beetle design as evidence. The court held that Komenda’s drawings were not significantly unique to support the argument that he was the sole designer of the Beetle. The court also found that modern Beetle models are “significantly different in design from the original Beetle” and, thus, were deemed unaffected by any copyright claim.
The court concluded that the original Beetle was largely based on the design of the KdF-Wagen, which was produced in 1938 and designed by Ferdinand Porsche. Unrelated to the copyright claim, Volkswagen has stated that it will end production of the Beetle this year, as the company moves towards being a “full-line, family-focused automaker”.
Author: Andrew Patel
Photo Credit: https://unsplash.com/@enka80
Authors
Expertise
Insights
-
Intellectual Property Litigation
Trademarks Opposition Board Moves to Digital-Only Submission of Confidential Information
As of June 1, 2026, the Trademarks Opposition Board (TMOB) requires all confidential evidence and documentation in proceedings under sections 11.13, 38, or 45 of the Trademarks Act (the “Act”) to be… -
Intellectual Property Litigation
Kansas City Chiefs Stars Sued for Trademark Infringement Over Steakhouse
The sneaker company, 1587 Sneakers, is reportedly suing Kansas City Chiefs players, Patrick Mahomes and Travis Kelce, along with their restaurant partners, for trademark infringement.1587 Sneakers… -
Intellectual Property Litigation
A Pecking Order Problem: Pudgy Penguins Faces Penguin Trademark Lawsuit
As reported by Bloomberg Law News, PEI Licensing (“PEI”), the owner of the Penguin apparel brand, has sued Pudgy Penguins NFT (“Pudgy Penguins”) for trademark infringement.Pudgy Penguins started as a… -
Intellectual Property Litigation
Old Brand, New Problems? Nike’s Attempt to Revive “Total 90” Soccer Cleats
Nike is reportedly attempting to revive its classic “Total 90” soccer cleat line, but has encountered an unexpected setback. Total90, LLC has reportedly asserted that Nike is infringing its… -
Intellectual Property Litigation
A Swing and a Miss: The “All Rise” Trademark Attempt
As reported by Bloomberg, attempts to register marks covering the phrases “All Rise” and “Here Comes the Judge” were rejected by the U.S. Court of Appeals for the Federal Circuit. In… -
Intellectual Property Litigation
Hershey’s Kisses Go to Court – Federal Court of Appeal Decision in PIM Brands Inc. v. Hershey Chocolate & Confectionery LLC
The Federal Court of Appeal’s recent decision in Promotion in Motion, Inc. (PIM Brands, Inc.) v. Hershey Chocolate & Confectionery LLC offers fresh guidance on how courts evaluate survey evidence…