A number of articles in this edition of Brands Update look at the question of distinctiveness. Features include the Vienna court examining the Trapp Family name, the Paris Court assessing a France 2016 mark and the EU courts looking at both the shape of pharmaceutical pills and the four-fingered Kit Kat bar.
Tough cases to crack – IPEC rules on UK unregistered design right in plastic lockers
Too many Trap(p)s for "The Trapp Family?
Kit Kat shape mark: has the EU General Court pre-judged the UK Court of Appeal?
MILLE MIGLIA v. E-MIGLIA – similar services get limited mileage at EU General Court
At least, all hope is not lost: FRANCE 2016 wins the distinctiveness game!
EU General Court finds all art too similar
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