tag:blogger.com,1999:blog-5574479.post1964565090324418153..comments2024-03-29T06:53:23.405+00:00Comments on The IPKat: BREAKING - Louboutin case referred to CJEU: can a colour be a shape?Verónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-5574479.post-12382383136477357272016-03-10T22:53:17.279+00:002016-03-10T22:53:17.279+00:00I think that the English 'shape' encompass...I think that the English 'shape' encompasses also two-dimensional marks, however, if I have understood the reference (I'm not good at Dutch), the Rechtbank den Haag seems to suggest that 'vorm' had better referred only to three-dimensional marksGuido Noto La Diegahttps://www.blogger.com/profile/01797309698311758330noreply@blogger.comtag:blogger.com,1999:blog-5574479.post-60512653521571490402016-03-10T15:49:47.185+00:002016-03-10T15:49:47.185+00:00Not sure what this article is getting at -the Cour...Not sure what this article is getting at -the Court has dealt with "shape" marks or "formes" for some time now on the basis of different language versions. The case law on different language versions of EU laws which appear to differ is also settled -there has to be a harmonious interpretation. It would be absurd to suggest that the English version refers only to three dimensional marks but the others do not.This would mean one rule for CTMs when applied for in English and another for other language versions.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-57272995237250739822016-03-10T13:58:18.533+00:002016-03-10T13:58:18.533+00:00The article seems to infer that there may be some ...The article seems to infer that there may be some difference between the various languages in terms of 2D v 3D, but is there any particular reason why one of the language variants, shape/vorm/forma/forme/Form, etc, should be (more) limited to 3D? For example, a triangle/driehoek/Dreieck/triangolo, etc seems to be a 2D example in each language. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-22518461952263507702016-03-09T16:41:58.479+00:002016-03-09T16:41:58.479+00:00Yep, I agree with the first comment. The new provi...Yep, I agree with the first comment. The new provision will encompass colors as well. To avoid any confusion, I think it's highly likely that the court here comes to the same conclusion in regards to (old)Article 3(1)(iii)....Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-51124755252355011522016-03-09T13:50:13.179+00:002016-03-09T13:50:13.179+00:00Although I am really curious to see what the CJEU&...Although I am really curious to see what the CJEU's position will be on this issue, it makes me wonder what the practical result of it will be since the new directive 2015/2436, in article 4 e (iii), refers to "shape or ANY OTHER CHARACTERISTIC" of the mark as possible absolute ground of refusal and, therefore, the notion of a color seems to fit in such provision.Anonymousnoreply@blogger.com