3D trademark and substantial value of the product

By decision filed on 10 June 2013, the Court of Venice rejected an interim injunction complaint based on the alleged infringement of a 3D community trademark, represented by a bone-shaped box for pets’ sanitary bags, with a hole for the extraction of the same bags.

This decision follows the established EU case law, according to which ‘the trademark protection can be granted to shapes having a certain aesthetic value as long as such value does not amount to a special adornment to the protection of which was deputed the ornamental models discipline’…

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