Padrão damier azur: icónico, mas não distintivo?

Translated title of the contribution: Damier azur pattern: iconic but not distinctive?

Research output: Contribution to journalArticlepeer-review

Abstract

The expansive nature of trademark law has led to the possibility of registering non-traditional trademarks, including pattern trademarks, which are integrated and confused with the appearance of the products they designate. There is a tension between the desire of economic operators to rely on these instruments of differentiation and the need to maintain their free availability on the market for uses other than trademarks. This tension is evident in the decisions of EUIPO and GC in the case of Damier Azur of Louis Vuitton Malletier, object of this study. The solution has been to deny the inherent distinctive character of this pattern, but to admit, in theory, its secondary meaning throughout the use the in all EU. Nonetheless, the evidence has proved to be a herculean task
Translated title of the contributionDamier azur pattern: iconic but not distinctive?
Original languagePortuguese
Pages (from-to)463-479
Number of pages17
JournalActas de Derecho Industrial y Derecho de Autor
Volume43
Publication statusPublished - 2023

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