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The General Court of the European Union has recently affirmed a decision by the European Union Intellectual Property Office (EUIPO), formerly known as the Office for Harmonization in the Internal Market (OHIM), to refuse soft-drinks giant Coca-Cola’s application for a European Union trade mark registration for the three-dimensional shape of a bottle. The company applied for the trade mark in 2011, and it was first rejected in 2013. Bottle Lacks Distinctive Character The bottle shape submitted for trade mark protection…
A Supreme Court ruling against a company based in Bristol has prompted the UK Intellectual Property Office (IPO) to update its guidance for designers. The case in question started in 2013 when Magmatic Limited (Magmatic), the company which produces the Trunki animal-styled ride-on suitcases for children, sued PMS International Group plc (PMS) for infringement of its European Community design registration. The English High Court initially found for Magmatic, but an appeal by PMS was upheld by the Court of Appeal. …