Yesterday the ECJ decided the Henkel case. The IPKat can't tell you much about it though because no English translation has appeared on the ECJ website yet. Nonetheless, the IPKat has managed to ascertain with a combination of his inferior grasp of French and his superior knowledge of the Babel Fish translation website that the mark was for the shape of the packaging of detergent for woolen articles, vis "a lengthened bottle, narrowing to the top, with an integrated handle, a relatively small drain opening and a stopper on two levels, which can also be used as dosing goblet". It seems that the case was decided under Articles 3(1)(b) - distinctiveness, (c) - descriptiveness and (e) - functionality, of Directive 89/104.

Long bottles here and here
Cleaning woolies here

TRANSLATION WATCH TRANSLATION WATCH Reviewed by Jeremy and Ilanah on Friday, February 13, 2004 Rating: 5

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