Dominika Kwiatkiewicz-Trzaskowska: articles by this author
The European Court of Justice (CJEU) has ruled that Christian Louboutin’s famous red sole does not consist solely of a shape that significantly increases the value of a product, and therefore can be registered as a trademark. This is an important victory for the fashion designer in the long-running battle concerning red-soled shoes.
Commercial exploitation of the attributes of well-known, admired or distinguished persons can bring a product positive associations, build recognition, and reinforce popularity. It is a guarantee of the highest quality and reliable origin. Names and images of long-dead historical figures in particular are often found on labels and in ads for alcoholic beverages. Sobieski, Chrobry, Poniatowski, Jagiełło, Kazimierz Wielki and Pułaski gaze at tipplers from bars and store shelves, along with Chopin, Ogiński and Amundsen. Can the use of attributes of a third party, including someone who is no longer alive, constitute an infringement of personal rights, and if so, whose? And what are the legal consequences? The answers are not always obvious.
Ignoring industrial designs or treating them as the least important option is a thing of the past. Designs will increase in importance and therefore need to be part of the intellectual property portfolio. This was the main message at the INTA Designs Conference 2018 on 26–27 February 2018 in London.
The new ruling by the Court of Justice on the “repair clause” gives more freedom to manufacturers of non-original replacement parts.
The General Court refused registration of a trademark of two parallel stripes on sports shoes. The difference in the number of stripes did prevent conflict with the adidas trademark of three stripes.
When examining the similarity of trademarks, the typeface in which verbal elements of the marks are written must be considered, the EU’s General Court ruled in a recent judgment on reputed trademarks.