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The community trade mark (CTM) for the shape of the famous Rubik’s cube puzzle has been found valid this week by the General Court. Simba Toys sought cancellation of Seven Town’s CTM on various grounds including that the mark consisted exclusively of the shape of goods “which is necessary to obtain a technical result” and that “it was devoid of distinctive character”. The court disagreed.
It found the representation of the mark only shows a cube, the surfaces of which bear a grid structure. A cube made up of elements with a rotatable function couldn’t be inferred from that. Furthermore a cube bearing a grid structure was not, at the application date, commonplace for three-dimensional puzzles (which exist in a multitude of shapes) and was inherently distinctive.
The narrow interpretation of the technical function grounds for invalidity applied in this decision is open to challenge. It will therefore be interesting to see if this decision is appealed to the CJEU.
H&M is the latest retailer to confront its landlords about this ‘two tier retail market’ in an attempt to explore and negotiate more favourable terms.
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Ann Summers is the latest retailer to have entered into new voluntary deals with the majority of their landlords, rather than using the CVA process.
We previously reported on the High Court decision of S Franses Ltd v The Cavendish Hotel (London) Ltd in which it was held that a landlord’s motive could not prevent it from successfully utilising ‘ground (f)’ under s30(1) of the Landlord and Tenant Act 1954 to oppose a lease renewal.
The FCA are encouraged to find that the implementation of the new rules has encouraged financial institutions to manage whistleblowing cases and concerns fairly, consistently and in a manner that protects the individual whistleblower.
Legal Director
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