Shape trade marks – IP Law Watch

“All Aboard” As Guerlain Departs From the Norm: The General Court of the EU Finds Distinctive Character in Boat Hull Shaped Lipstick Packaging

Jul 14 2021

In what will be welcomed by innovative design brands, on 14 July 2021, the General Court of the EU handed down a decision annulling the EUIPO and Board of Appeal’s decisions that a mark filed by Guerlain lacked distinctive character. This decision emphasises that a distinctiveness assessment of a three-dimensional mark must be undertaken by reference to the specifics of common practice in the market for the relevant products.

A bed Called ‘Nathalie’ – A Dispute Over Creative Designs Protected by Italian Copyright Law

Sep 09 2015

A recent judgment on 16 June 2015 (no. 7432/2015), saw the Court of Milan ascertain the difference between a shape trademark and an artistic shape classified as industrial design protected under copyright law.

The dispute concerned the use and the reproduction of the design of the renowned ‘Nathalie’ bed (the Design), which was created in the ‘70s by Italian designer and architect Vico Magistretti. Mr. Magistretti (and later his heirs) granted an exclusive licence of the Design to the plaintiff.

Shape Trade Marks Which Solely Protect Function are not Registrable in Europe

Feb 05 2015

Ruling of the European Court of Justice

The companies Hauck and Stokke, known on the market for children’s accessories, were engaged in a dispute over high chairs. Hauck moved for the invalidation of a trademark registered by Stokke in the Benelux countries. The designation had the form of a high chair for children. The chair was traded on the market under the name Tripp-Trapp.

The Great Bottle Battle – Coke vs Pepsi

Dec 03 2014

Coke Loses its Action Against Pepsi Based on its Iconic Contour Bottle

The Coca-Cola Company v Pepsico Inc & Ors (No 2) [2014] FCA 1287

On 28 November 2014, the Federal Court of Australia dismissed claims of trade mark infringement, misleading and deceptive conduct and passing off made by The Coca-Cola Company (Coke) against Pepsico Inc, Pepsico Australia Holdings Pty Ltd, and Schweppes Australia Pty Ltd, the manufacturer and distributor of Pepsico Inc products in Australia (collectively referred to as Pepsi). Read More

Tag:Shape trade marks