ARTICLE · 08 DECEMBER 2008

IP Snapshot - December 2008

CMS Cameron McKenna Nabarro Olswang

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OHIM dismissed an appeal from the Grand Board of Appeal in finding that an application for a 3D mark representing a Lego brick was invalid under Article 7(1)(e)(ii) of the Community Trade Mark Regulation relating to shape marks.

United KingdomIntellectual Property

Isabel Davies

Tom Scourfield

TRADE MARKS

Lego Juris A/S -v- OHIM, intervener Mega Brands Inc, Case T-270/06, CFI, 12 November 2008

OHIM dismissed an appeal from the Grand Board of Appeal in finding that an application for a 3D mark representing a Lego brick was invalid under Article 7(1)(e)(ii) of the Community Trade Mark Regulation relating to shape marks. A 3D mark which consists of a shape necessary to obtain a technical result will not be registrable even if the technical result which it achieves could be achieved by other shapes.

For the full text of the decision, click here.

Crocodile International Private Limited v La Chemise Lacoste [2008] EWHC 2672 (Ch) 8

The High Court dismissed the claimant's application for summary judgment in an action for revocation of a trade mark on the grounds of non-use under section 46(1)(a) TMA 1994. The claim was dismissed on the basis that Lacoste were making genuine use of their trade mark by including it on the swing tags of their tennis shirts.

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