Posts Tagged: "Shape trademarks"

EP’s Louboutin Decision Opens the Door for U.S. Businesses to Protect Their Color/Shape Brands in Europe

The issue faced by the EU High Court was whether shape and color of Louboutin’s mark could be separated under the circumstances; i.e., whether color applied to the sole of a high-heeled shoe is essentially a “shape” mark within the meaning of the EU trademark law. The EU High Court found in favor of Louboutin, pointing out that Louboutin did not seek to protect a particular shape, but the application of a color to a specific part of a high heeled shoe. 

Challenging Aspects of the Legal Protection of Non-Traditional Trademarks: “Shape Trademarks”

Classic trademarks consist of word or graphic elements, or their two-dimensional combinations. Naturally, they are targeted at one human sense only. Such trademarks can only be perceived by sight. Sight can also help us to perceive non-traditional trademarks such as “color” and shape trademarks. However, apart from sight, man has four other senses: smell, touch, hearing and taste.