Wednesday, June 03, 2015
Search
  
Submit your own News for
inclusion in our Site.
Click here...
Breaking News
Apple Is Recalling Beats Pill XL Speakers
IBM Buys Blue Box to Accelerate Open Hybrid Clouds
Yahoo Gives Advertisers Fraud Verification Tools
Fujifilm and imec Demonstrate Full-color Organic light-emitting diodes With photoresist technology for organic semiconductors
Microsoft Showcases new Windows 10 Devices At Computex 2015
Corning's new Eagle XG Slim glass In Just 0.4mm Thick
Plextor At Computex 2015
Samsung Mobile Payment System Coming In September
Active Discussions
Copy a protected DVD?
roxio issues with xp pro
How to burn a backup copy of The Frozen Throne
Help make DVDInfoPro better with dvdinfomantis!!!
Copied dvd's say blank in computer only
menu making
Optiarc AD-7260S review
cdrw trouble
 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 Is Recalling Beats Pill XL Speakers
Woman Scraps $200,000 Apple 1 Computer
Apple Posts Workaround For Buf That Reboots The iPhone
Apple Buys Maker Of Augmented-reality Software
Apple iOS 9 Could Give New Breath To Your Old iPhone 4, iPad Mini
Apple Posts Photo Of New iPhone
Apple Releases Software Update For Apple Watch
Apple Updates MacBook Pro, Cuts price On iMac
Apple Planned To Release TV Set Two Years Ago: report
TomTom Extends Digital Maps Agreement With Apple
Appeals court Partially Reverses Apple's Verdict Against Samsung
Apple HomeKit Devices Coming In June

Most Popular News
 
Home | News | All News | Reviews | Articles | Guides | Download | Expert Area | Forum | Site Info
Site best viewed at 1024x768+ - CDRINFO.COM 1998-2015 - All rights reserved -
Privacy policy - Contact Us .