Protection of 3D Shapes - The Current Position for IP Lawyers

Introduction

The use of shapes to distinguish goods can sometimes be better than using a logo or a slogan.

As a result, protection of a shape could be of major importance in building market recognisability.

The challenge is that shapes can, in principle, be protected by various intellectual property such as trademarks or trade dress, copyright, design, or fair competition.

Navigating through the maze of possibilities is difficult when the law changes often because of EUIPO decisions and CJEU judgments (for example, the Moon Boot and Brompton judgments).

This webinar will provide a helpful summary of the current EU case law and discuss take-aways from the EU case law.

What You Will Learn

The webinar will cover the following:

• Designs - evolution of the EU approach to functional designs
• Trade marks - summary of cases from CJEU and challenges concerning registration of and maintaining protection of shapes as trademarks
• Unfair competition/passing off - additional protection of distinctive shapes
• Copyright - possible last resort?

This webinar was recorded on 20th September 2022