Questão jurídica principal
Whether the colored border of the window envelope constitutes a protectable design under Art. 2 MMG.
Decisão extraída
No. The border served technical and practical purposes and did not express an original external form deserving design protection.
Fundamentação extraída
A feature serving utility functions falls outside design protection and may at most be considered as a utility model, which is excluded from protection under Art. 3 MMG. Even assessed aesthetically, the use of a simple colored line and the surrounding border lacked originality and distinctive character; it was obvious and self-evident.