The architect Marcel Breuer probably never thought one of his seating designs would prompt a legal battle. But when furniture manufacturer Knoll spotted that a German company, Tecta, had, since 1982, been making a tubular steel stool – more precisely the B9 that Breuer designed in 1925 for the Bauhaus architecture school canteen – it took its case to a court, which eventually ruled that Tecta should hand over all the profits it had made from its version.
And yet the decision highlighted a grey area in furniture design copyright. Tecta argued that it had signed a contract with the Berlin Bauhaus Archive, based on an agreement with Breuer's widow. Indeed, it won its own case against another company producing a version of the stool on the basis that the design was subject to licensing laws. But Knoll was able to produce documents signed by Breuer himself in the 1960s, which it acquired when it took over the company that had bought the rights directly from the designer.
That such disputes occur is not surprising, given the complexity of the issue. Rules vary around the world but in Europe there has been legislation since 2003 protecting registered designs that show some novelty or distinctive character for 25 years across 25 countries. Most manufacturers now take full patent protection on most designs, on the off chance they will become classics and inspire cheap copies.