Can a Simple Geometric Figure Possess Distinctive Character?
This is the issue addressed in the judgment of 13 November 2024 (T-426/23) of the General Court of the European Union, which confirmed the invalidity of the trademark registered by Chiquita Brands LLC for the blue and yellow sticker attached to fresh fruit, including bananas. This judgment, the result of a long legal process, provides significant insights into the concept of distinctiveness in trademarks.

The Supreme Court disputes the assessment of the absence of distinctive character made by the Court of Appeal: "Its statement that the shapes of the Kelly and Birkin bags are "standardised" is apodictic, as it does not explain the reasons for the lack of original and acquired distinctive character".