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From Aesthetics to Assets: How to Secure Your Design Rights in the EU
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Achim Baumeister

Design has always been about more than just aesthetics. A well-crafted design can evoke emotions, convey values, and ensure brand recognition. Ideally, it defines a brand, significantly influencing its success. In today's competitive ...

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The Colour Orange and Acquired Distinctiveness – Veuve Clicquot's Long Road to Recognition
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Cathérine Elkemann

Can a single shade of orange be distinctive enough to warrant EU trade mark protection? The General Court recently delivered its answer in a case that spans decades and raises fundamental questions about the requirements for claiming ...

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Sad Beige Battle: What's behind the US legal dispute over social media aesthetics and the German view
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Cathérine Elkemann

In the USA, an influencer accused another influencer of copying her social media aesthetic. This article discusses the resulting legal dispute and analyses whether such an aesthetic could be protected by copyright or competition law under ...

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When less is more - On the protectability, scope of protection and efficacy of simple figurative marks
by
Michael Goldmann

Trademarks are used to identify the source of goods and services. Figurative marks in particular are highly recognizable – a few clear lines or a concise shape are often enough to instantly identify a trademark. However, not every ...