Dutch Supreme Court Tripp Trapp children's chair cases

Koenraad, Hidde
December 2013
Journal of Intellectual Property Law & Practice;Dec2013, Vol. 8 Issue 12, p909
Academic Journal
In three infringement cases, the Dutch Supreme Court (DSC) delivered judgments with significant implications for the (assumed) European harmonization of the copyright protection criteria for works of applied arts. Further, in the Hauck case, the DSC referred questions to the Court of Justice of the European Union (CJEU) about the interpretation of the absolute grounds for the refusal (or invalidity) of shape marks, in particular the ‘nature of the goods’ and the ‘substantial value’ grounds in Article 3(1)(e)(i) and (iii) of Directive 2008/95 on the approximation of trade mark law, corresponding to Article 7(1)(e)(i) and (iii) of Council Regulation 207/2009 on the Community trade mark (CTMR). These two topics are the focus of this case note.


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