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.

At the beginning of 2024, the Court of Justice of the European Union (CJEU) issued its much-anticipated judgment in Audi (Case C-334/22), which addressed the delicate issue of trademark use on spare car parts produced by independent third parties. The decision quickly drew widespread attention across the legal community, as it was seen to mark a new milestone in the evolving jurisprudence surrounding the intersection of intellectual property rights and the automotive aftermarket. It was, arguably, the most influential trademark ruling since Ford (2015), and it triggered extensive commentary (IPKat here).

Most commentators, including me, viewed the judgment as a clear reinforcement of the legal position of original equipment manufacturers (OEMs) and many assumed it would pave the way for Audi's success in the underlying national litigation. Few could have predicted that the Polish court, which had submitted the preliminary reference, would eventually issue a ruling that ran directly counter to those expectations.

EU Court of Justice rules on use of trademarks on non-OEM spare parts

The Italian Patent and Trademark Office upheld Lindt's opposition against the registration of the ETNA EXCELLENCE trademark for chocolate and similar products, in light of Lindt's prior rights to the EXCELLENCE trademark.

The Court of Justice has outlined the characters of the concept of "acquiescence" as expressed in Directive 2008/95 and Regulation 207/2009, with particular regard to its application following the sending of a letter of formal notice and the filing of the writ of summons.

The Italian Court of Cassation ruled in favour of the protection of K-Way’s “coloured stripe” figurative trademarks in proceedings against Armani

The Court dismissed the opposition to the registration of the below Huawei’s EU figurative trademark in class 9, filed by the well-known fashion house Chanel

The Court concluded that EUIPO had not ascertained that all of the features of appearance of the contested design were solely dictated by the technical function of the relevant product.

The Court stated that the slogan “It’s Like Milk, But Made for Humans” has the minimum degree of distinctive character required for it to be registered as a trademark.

The Court ruled in favour of the petitioner Nexthing Ltd which had requested an urgent declaration of non-infringement, by its homonymous word and figurative trademarks, of the NEXT (word and figurative) trademarks belonging to the defendant Next Holding SpA

The Court endorsed the applicant’s arguments and stated that the words “WINDSOR – CASTLE” did not describe the products claimed in the application or their characteristics.