ECJ denies relevance of ‘acquired attractiveness'
The ECJ rejects the suggestion of the Dutch Supreme Court that a
shape which gives substantial value to the product (in this case, a
specific stitching on G-Star jeans) may nevertheless be registered
as a trade mark if
the shape's attractiveness has predominantly become the result
of its recognition by the public as a distinctive sign.
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Author
Maarten Schut
Published
Oxford Journal of Intellectual Property Law & Practice,
February 2008, Volume 3, Number 2
Publication date
:
01 February 2008