Sunday, March 01, 2015
Search
  
Submit your own News for
inclusion in our Site.
Click here...
Breaking News
New Draft Bill Focuses On Consumer Data Privacy
Uber Says Breach Affected 50K Drivers
Google Showcases Future Silicon Valley Headquarters
Lenovo Offers Free McAfee LiveSafe Following Superfish Security Concerns
Yahoo Gains Search Share
Twitter To Offer More User Safety Features
Google to Start Ranking Mobile-friendly Sites Higher
Qualcomm Extends LTE to Unlicensed Spectrum to Enhance Mobile Experiences
Active Discussions
Need serious help!!!!
burning
nvidia 6200 review
Hello
Burning Multimedia in track 0
I'm lazy. Please help.
sanyo e6 camera
need help on some cd burning...
 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
Ericsson Sues Apple Over Patent Infringement
Apple To Hold Watch Event on March 9
Apple To Pay $533 million for Patent Infringement
Apple to Invest 1.7 Billion Euros in New European Data Centres
Apple Granted Patent For A Head-mounted iPhone Virtual Reality Display
Apple Said To Have Dropped Some Health Monitoring Functions In Apple Watch
New Apple iWork Apps Run On PCs Too
More Reports Emerge On Apple's Secret Automotive Project
Icahn Says Apple Worth $216 Per Share
Is Apple Working on a Car?
Apple May Launch New Notebooks This Month: report
Apple Picked Samsung To Make Next iPhone Chip: report

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