Garment - graphic, shape inadequate for protection

Judgment by CE Court of Justice dated 20 September 2007 ---- CASE N° C-371/06 (Benetton S.p.A./G-Star Internazional B.V.) "Companies producing and manufactoring apparel have no rights to be protected by brand protection regulations in connection with some specific products, such as specially designed jeans, if they failed to register the mark. Product shape notoriousness, despite giving the product substantial value gained through advertising campaigns, is not a sufficient proof, for granting the same protection as the protection granted for those companies that did provide for trademark registration. In accordance with the directive N° 89/104/Cee "The feature given by a product shape or graphic can not be registered as a trade mark "

11/02/2007 | Trade Mark