Tuesday, October 13, 2015
Submit your own News for
inclusion in our Site.
Click here...
Breaking News
Google Releases Cardboard SDK
Latest Windows 10 Build Integrates Skype Messaging, Adds New Features
Qualcomm Sells Vuforia AR Business to PTC For $65 million
HyperX Releases Cloud Mav Edition Headset
It's Official: Dell Acquires Data Storage Company EMC For About $67 Billion
Acer Showcases New Windows 10 Devices
MPAA Lists Piracy Sites in Around The World
ZTE Officially Launches New AXON Smartphones
Active Discussions
How to back up a PS2 DL game
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
 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.

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 Removes Apps From Online Store
Apple's iBooks To Offer Enhanced Editions of Harry Potter Series
Apple Brings Apple Music, iTunes Movies And iBooks in China
OS X El Capitan Available as a Free Update
Apple's A9 SoC Is TSMC 16nm FinFET and Samsung Fabbed: report
New iPhones Hit Stores
Apple Unveils The Top 25 Apps Hit by Malware
Apple's Project For Own Electric Car Is Still Years Away
Apple Says iOS9 Runs In Half iPhones Already
Hackers Targetted Apple App Store
Apple Suggests Fix For iOS 9 'Slide to Upgrade' Bug
Apple iOS 9 Update Causes Headaches To Users

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 .