Düsseldorf Regional Court preliminary injunctions concerning Flexxica's registered ZEN and SOL designs

Warsaw, 19 August 2026

What the court decided

On 30 April 2026, the Regional Court of Düsseldorf issued a preliminary injunction (docket no. 14c O 44/26), effective throughout Germany, concerning the original appearance of Impact Acoustic's Aurelia and Helia luminaires. On 13 May 2026, Impact Acoustic filed an objection ("Widerspruch") against that injunction and additionally revised the products: a small, additional ring of slats was added to the top of the lampshade on both. Flexxica returned to court in respect of the revised versions.

On 6 August 2026, immediately following an oral hearing held the same day, the court issued a further preliminary injunction as an ex tempore judgment ("Stuhlurteil", docket no. 14c O 69/26) covering the two revised versions, granting the application in full. Also on 6 August 2026, the preliminary injunction of 30 April 2026 was upheld in the objection proceedings ("Widerspruchsverfahren"). Both preliminary injunctions have been served and are in force. Neither decision is final: Impact Acoustic may still appeal ("Berufung") in both cases.

The preliminary injunctions prohibit the manufacturing, offering, reproducing, marketing, importing, exporting, use in a product and possession for those purposes in the course of trade in Germany of pendant luminaires as depicted in the operative parts of the decisions, irrespective of their size or colour. They are based on EU design no. 015033826-0002 ("ZEN Design") and no. 008817365-0003 ("SOL Design"), of which Flexxica is the proprietor.

In its written reasons in case 14c O 44/26, the court held, after a preliminary review, that the contested products produce no different overall impression on the informed user than the registered designs, as nearly all characteristic features of the ZEN Design were adopted. Regarding the SOL Design, the court held that it remains fully recognisable in the contested product and was incorporated into it, and that the added smaller ring of lamellae is a mere additional element. The court attributed a broad scope of protection to the SOL Design and a scope at the upper end of the average range to the ZEN Design. It also found no technically mandatory form in the lamella structure of an acoustic luminaire: many design options exist, and the designer visibly exhausted them.

Two weeks elapsed between the application of 16 April 2026 and the issuance of the first preliminary injunction on 30 April 2026. The second preliminary injunction was applied for on 15 June 2026 and issued on 6 August 2026 as an ex tempore judgment immediately after the oral hearing. The written reasons in case 14c O 69/26 will follow.

"We invested early in registering our EU designs, because original design is the core of our company. We are grateful that the court examined the matter so thoroughly," said Marcin Pietrzela, Co-founder and Managing Director of Flexxica.

Under both preliminary injunctions Impact Acoustic AG bears the costs of the proceedings. The value in dispute, on the basis of which those costs are calculated, was set at EUR 200,000 in case 14c O 44/26; it does not represent an amount payable to Flexxica. Both decisions apply in Germany only and were issued in preliminary injunction proceedings; they are not final decisions on the merits.

The designs

Who is Flexxica?

Flexxica is a Polish design and manufacturing company specialising in architectural lighting and acoustic solutions. Founded and headquartered in Warsaw, it works with architects, lighting designers, interior designers and trade partners in more than 60 countries. It develops and engineers its products in Poland through its internal lighting and acoustics teams and in collaboration with selected designers, and registers its significant designs with the EUIPO. The company is led by Marcin Pietrzela, Co-founder and Managing Director.

Design awards

Flexxica's portfolio has received multiple international design distinctions, including four Red Dot Design Awards — one of them Best of the Best — four iF Design Awards, German Design Awards including Gold, and a Good Design Award from The Chicago Athenaeum.

ZEN holds the Red Dot Design Award 2024 (Winner), the iF Design Award 2024 and the German Design Award 2024 (Winner, Excellent Product Design). SOL holds the iF Design Award 2024, the Good Design Award 2024 and the German Design Award 2024 (Special Mention).

About ZEN and SOL

ZEN is a cylindrical acoustic pendant with radially arranged lamellae suspended from a ring-shaped holder, open at the bottom. The protected appearance is registered as EU design no. 015033826-0002. In its written judgment the court described the design as appearing sculptural, multi-layered and airy at the same time.

SOL is a flat, disc-shaped acoustic pendant with vertical lamellae radiating from a central disc-shaped light source. The protected appearance is registered as EU design no. 008817365-0003. The court described the design as reminiscent of a sun or an abstracted flower, yet technical like a turbine wheel — plain, airy and modern.

Both families are made of sound-absorbing material produced from recycled PET.

Timeline

• 31.12.2021 — EU design no. 008817365-0003 (SOL Design) filed with EUIPO; registered and published 19.01.2022.
• 12.09.2023 — EU design no. 015033826-0002 (ZEN Design) filed with EUIPO; registered and published 16.11.2023.
• 26.02.2026 — First warning letter sent to the counterparty.
• 06.03.2026 — Flexxica learns of plans to offer the contested products in Germany and the EU.
• March 2026 — Further warning letters (08.03 and 30.03); claims rejected by the counterparty (12.03 and 07.04).
• 16.04.2026 — First application for a preliminary injunction.
• 30.04.2026 — First preliminary injunction issued (14c O 44/26).
• 05.05.2026 — First preliminary injunction served on opposing counsel (§ 195 ZPO).
• 13.05.2026 — Objection ("Widerspruch") filed against the first preliminary injunction.
• 15.06.2026 — Second application for a preliminary injunction (revised versions).
• 16.06.2026 — Oral hearing in the objection proceedings (14c O 44/26).
• 06.08.2026 — Oral hearing in the second proceedings (14c O 69/26); judgment confirming the first injunction; judgment granting the second in full.
• 07.08.2026 — Second preliminary injunction served on opposing counsel (§ 195 ZPO).

What the decisions do not mean

• They do NOT prohibit the contested products outside Germany — not in the USA, the UK, or the EU as a whole.
• They are NOT final judgments on the merits; an appeal ("Berufung") remains available.
• They contain NO finding of intent, bad faith or unfair conduct.
• The court compared the registered designs with the contested products — not Flexxica's products with the counterparty's products.
• EUR 200,000 is the value in dispute in case 14c O 44/26 — not damages and not a fine. The value in dispute in 14c O 69/26 has not yet been determined.
• EUR 250,000 is the maximum potential fine per future violation — not an amount ordered to be paid.

For press

The judgments may be obtained directly from the Düsseldorf Regional Court under docket numbers 14c O 44/26 and 14c O 69/26; no party names are required for the request. English summary and high-resolution imagery available on request. For legal questions, Dr Philipe Kutschke of Bardehle Pagenberg, who handled both proceedings, is available to the press.