0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Pepsi pog case appeal - the Advocate General's opinion

16 May 2011

The Advocate General (AG) has advised the ECJ to dismiss Pepsico’s appeal against an invalidity ruling concerning a design for promotional discs known as “pogs”.

Pepsico’s design was challenged on the basis that it did not have individual character having regard to an earlier CRD. A design has individual character if it creates a different overall impression on the informed user than designs which were available to the public before the filing date of the design. When assessing individual character, the degree of freedom of the designer in developing the design is considered.

The AG recommended dismissing the appeal on the grounds that assessing individual character and design freedom are questions of fact, which can only be re-considered by the ECJ in the case of distortion.

Because “overall impression” can only be subjectively assessed, and cases will almost always turn on their facts, litigants are likely to find it extremely difficult to appeal cases to the ECJ.

related opinions

Cyber risks – are businesses really ready?

The Hiscox Cyber Readiness report, a review of 3300 organisations, will be a stark warning for CEO’s of SME’s in the UK and in Europe.

View blog

Wearable security

How secure is your fitness tracker? (Not to mention your smartwatch, sleep tracker, smart shoe insoles and wearable Bluetooth keyboard). It’s something that many of us give little thought to, but perhaps we should be more concerned.

View blog

Trade mark owners must reimburse internet service providers for the cost of implementing internet blocking orders

The Supreme Court handed down judgment in the long-running Cartier dispute of 13 June 2018, overruling the Court of Appeal

View blog

CJEU shapes up nicely for Louboutin red sole trade mark

The Court of Justice of the European Union has today given its judgment in relation to a key issue in one of the most hotly debated trade mark disputes in recent times.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up