Saturday, December 20, 2014
Search
  
Submit your own News for
inclusion in our Site.
Click here...
Breaking News
T-Mobile to Pay $90 Million To Settle Case With FCC
New Trojan Targetted Banks Wordlwide
FBI Confirms North Korea Was Behind Sony Hack
Apple Responds To BBC's Allegations Over Working Conditions In Chinese Factory
BlackBerry Returns To Cash Flow
Comparison: Quantum Dot Vs. OLED Displays
Toshiba and SK Hynix Reach Settlement in Lawsuit Ahead Of CES
Google Concerned About MPAA's Actions To Revive SOPA
Active Discussions
Digital Audio Extraction and Plextools
Will there be any trade in scheme for the coming PSP Go?
Hello, Glad to be Aboard!!!
Best optical drive for ripping CD's? My LG 4163B is mediocre.
Hi All!
cdrw trouble
CDR for car Sat Nav
DVD/DL for Optiarc 7191S at 8X
 Home > News > General Computing > Court S...
Last 7 Days News : SU MO TU WE TH FR SA All News

Thursday, July 10, 2014
Court Says Apple Store Layout Could Be Trademarked


The representation of the layout of a retail store, such as an "Apple" store, may be registered as a trade mark, the Court of Justice of the European Union ruled today.

In 2010, Apple registered with the United States Patent and Trademark Office a three-dimensional trade mark consisting of the representation, by a multicoloured design, of its flagship stores.

Apple subsequently sought to extend that trade mark internationally. In 2013, its extension to German territory was refused by the Deutsches Patent-und Markenamt (German Patent andTrade Mark Office).

Apple brought an appeal against that decision before the Bundespatentgericht (Federal Patents Court, Germany). The latter asked the European Court of Justice, whether "the representation of the layout of a retail store, by a design alone, without any indication of size or proportions, may be registered as a trade mark for services aimed at inducing the consumer to purchase the goods of the applicant for registration and, if so, whether such a 'presentation of the establishment in which a service is provided' may be treated in the same way as 'packaging.'"

In its response Thursday, the court said that the layout of a store could constitute a trademark using only "an integral collection of lines, curves and shapes" as long as it "departs significantly" from the norms of the economic sector concerned.

The court added however that the uniqueness of a design must be assessed on a case-by-case basis, taking into account competing stores and the shifting expectations of shoppers.

The court concluded that "the representation of the layout of a retail store, by a design alone, without indicating the size or the proportions, may be registered as a trade mark for services, which, although relating to goods, do not form an integral part of their offer for sale, on condition that that representation is capable of distinguishing the services of the applicant for registration from those of other undertakings and that no ground for refusal precludes it."

It is now up to the German national court to rule on Apple's individual case, in line with the EU court opinion.





Previous
Next
Apple Admits It Has To Address Production Partners' Emissions        All News        Mobile phone App Lets You Make Secure Phone Calls
Apple Admits It Has To Address Production Partners' Emissions     General Computing News      IBM Announces $3 Billion Investment In Future Chip Research

Get RSS feed Easy Print E-Mail this Message

Related News
Apple Responds To BBC's Allegations Over Working Conditions In Chinese Factory
Jury Says Apple Not Guilty in iPod Suit
Apple and IBM Bring Big Data Analytics and Security Capabilities on iPhone And iPad
Samsung Seeks to Toss $930 Million Award
iPhone 6 Plus Captures Great Portion Of US "phablet" Sales
Apple Technology Protects Falling Phones
New 12-inch iPad Air Plus iPad Coming This Summer
Apple To Donate Part of App Sales Profit To Support Fight Against AIDS
Apple To Bundle Beats to iOS: report
Apple WatchKit Software Tools Now Available
UnionPay Payment Option Now Available For or Chinese Apple Customers
Samsung To Make Future Application Processors For Apple: report

Most Popular News
 
Home | News | All News | Reviews | Articles | Guides | Download | Expert Area | Forum | Site Info
Site best viewed at 1024x768+ - CDRINFO.COM 1998-2014 - All rights reserved -
Privacy policy - Contact Us .