The Ono City Tourism Association in Hyogo Prefecture was found as making 1,000 copies of a product named “ONO Eraser” that imitated “MONO Eraser” made by Tombow Pencil (Tokyo) for distribution at events and festivals without permission from the company. Now reaching an agreement.
ADDITIONAL OPINION OF ADVOCATE GENERAL SZPUNAR
delivered on 6 February 2018 (1)
Christian Louboutin SAS
Van Haren Schoenen BV
(Request for a preliminary ruling from the Rechtbank Den Haag (District Court, The Hague, Netherlands))
(Reopening of the oral procedure — Reference for a preliminary ruling — Trade marks — Refusal of registration or invalidity — Shape — Concept — Three-dimensional properties of the goods — Colour)
67. In the light of the foregoing considerations and the analysis conducted in my first Opinion, I maintain my proposed answer to the question referred for a preliminary ruling by the Rechtbank Den Haag (District Court, The Hague, Netherlands), which read as follows:
Article 3(1)(e)(iii) of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks is to be interpreted as being capable of applying to a sign consisting of the shape of a product and seeking protection for a certain colour. The concept of a shape which ‘gives substantial value’ to the goods, within the meaning of that provision, relates only to the intrinsic value of the shape, and does not permit the reputation of the mark or its proprietor to be taken into account.
Christian Louboutin Paints Paris and NYC Red on His Way to the Saks Boutique Opening、1:21
Christian Louboutin Paints Paris and NYC Red on His Way to the Saks Boutique Opening
The Cheerios’ shade of yellow isn’t “inherently distinctive” enough to qualify for a trademark, the federal Trademark Trial and Appeal Board ruled this week. General Mills had spent the past two years trying to trademark “the color yellow appearing as the predominant uniform background color” on Cheerios boxes, Ars Technica reports. Turns out the Cheerios…
Goods and Services IC 030. US 046. G & S: Toroidal-shaped, oat-based breakfast cereal. FIRST USE: 19410503. FIRST USE IN COMMERCE: 19410503
Mark Drawing Code (2) DESIGN ONLY
Design Search Code 19.05.25 – Boxes, cardboard (packing or storage); Cartons, packing or storage; Dumpster; Freight containers; Other large containers; Pallets for storing or moving cargo or freight ; shipping containers
Serial Number 86757390
Filing Date September 15, 2015
Current Basis 1A
Original Filing Basis 1A
Owner (APPLICANT) General Mills IP Holdings II, LLC LIMITED LIABILITY COMPANY DELAWARE Number One General Mills Blvd. Minneapolis MINNESOTA 55426
Attorney of Record William G. Barber
Description of Mark The color(s) yellow is/are claimed as a feature of the mark. The mark consists of the color yellow appearing as the predominant uniform background color on product packaging for the goods. The dotted outline of the packaging shows the position of the mark and is not claimed as part of the mark.
Type of Mark TRADEMARK
Live/Dead Indicator LIVE