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Journal of Intellectual Property Law & Practice 2008 3(2):78-79; doi:10.1093/jiplp/jpm246
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© The Author (2008). Published by Oxford University Press. All rights reserved

Current Intelligence

ECJ denies relevance of ‘acquired attractiveness’ for registration of shape marks

Maarten Schut
Kennedy Van der Laan, Amsterdam

Benetton Group SpA v G-Star International BV, ECJ case C-371/06, 20 September 2007

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.

Correspondence: Email: maarten.schut{at}kvdl.nl


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