tag:blogger.com,1999:blog-5574479.post8942331770686252976..comments2024-03-28T13:45:42.289+00:00Comments on The IPKat: The CJEU (again) on 3D trademarks: the Gömböc judgmentVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5574479.post-46227500579589674262020-05-01T16:14:51.218+01:002020-05-01T16:14:51.218+01:00This one's a bit of a mixed bag in my opinion....This one's a bit of a mixed bag in my opinion. On the one hand, the ECJ seems to (yet again) broaden scope of the substantial value rule, applying it to non-aesthetic characteristics (the same probably applies to the TMD 2015 exclusion). On the other hand, it introduces an important restriction, as characteristics that are connected to the reputation of the product must not be taken into account. Such an approach is very similar to the one adopted in 1989 by the Benelux Court of Justice in its Burberry I judgment.Peter Teunissennoreply@blogger.com