Category Archive for: ‘Trade marks’
The European Court of First instance (Court) has rejected Mars’ attempt to register the shape of its coconut chocolate bar, Bounty, as a trademark. In short, the Court held that the Bounty bar was just another chocolate bar, and there was nothing special or distinctive in its shape.
Is BAYERISCHES BIER (translating as BAVARIAN BEER) a geographical indicator? The European verdict, on this European beer, is in.
Qantas and Virgin recently fought out a much repeated trade mark dispute about “how close is too close?” and a less frequent dispute about “to what extent do we (the reasonable consumer) notice punctuation in a trade mark?”
The marks in question were:
L’Oreal produces and markets a number of well-known fragrances, including the perfumes Trésor, Miracle and Anaïs-Anaïs. L’Oreal is also the registered owner of a number of marks in relation to these perfumes, including word marks (such as “Trésor”) and figurative marks (covering representations of the bottles and packaging of the perfumes).
It’s good to see that European intellectual property lawyers are grappling with issues surrounding the appearance and packaging of chocolate as much as we are here in Australia (albeit in a slightly different context).
In a recent Federal Court case, the Brewery Association of Bavaria (BBA) claimed that the German state of Bavaria was so synonymous with beer that the word “BAVARIA” on a beer label would amount to a geographical indicator (GI), contrary to s 61 of the Trade Marks Act (the Act). Section 61 prevents the registration of a mark which contains an indicator that the product came from a particular region and has a quality or reputation attributable to that region.
The mark opposed by BBA was a beer label containing the words:
L’Oreal made three key claims against eBay in the proceedings: