TRADE DRESS, EUROPEAN STYLE
Posted by Douglas Sorocco, February 12, 2004 at 1:01 pm
TRADE DRESS, EUROPEAN STYLE
EU courts have ruled that three-dimensional packaging can be registered as an European trademark ? if its shape is integral to the retailed product.
The court ruled that Henkel's laundry detergent bottle could be filed as a trademark because the product in question - that is, "liquid detergent" - can only be packaged in a three-dimensional form - that is, stored in a bottle.
Although the court's decision is not yet available, it appears that this type of protection may be equivalent to the U.S. concept of trade dress protection -- protecting non-functional aspects of a product's packaging.
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<date name="when" value="Thu, 12 Feb 2004 23:01:10 GMT