Europe’s General Court has annulled a series of European Union trademarks protecting the shape of the Rubik’s Cube, handing a victory to Greek puzzle-maker Verdes Innovations SA and dealing a blow to the toy’s owner, Spin Master Toys UK. The judges agreed with the EU Intellectual Property Office that the essential characteristics of the cube’s shape are needed to obtain a technical result, and therefore cannot be monopolised through trademark law. The dispute dates to 2013, when Verdes asked the EUIPO to invalidate registrations secured by Spin Master’s predecessor between 2008 and 2012. Spin Master, which acquired the Rubik’s brand in 2021, can appeal the decision to the Court of Justice of the EU. In a separate ruling issued the same day, the court rejected German company sprd.net’s bid to register the “I ❤️” sign for clothing such as T-shirts, sweatshirts and pullovers. The judges found the mark lacked distinctiveness because consumers would perceive the symbol as a generic expression of affection rather than an indicator of commercial origin. Taken together, the decisions underscore the court’s strict approach to signs that perform a technical function or are widely used in everyday language, limiting the scope of what can be protected under EU trademark law.
The European General Court on Wednesday ruled against German company https://t.co/w4CELjsjQo in its bid to trademark the "I love" sign, with a heart symbolizing 'love,' for clothing items such as t-shirts, sweatshirts, and pullovers. https://t.co/kxUpKQDsZe
Rubik's Cube owner Spin Master Toys UK on Wednesday lost its battle against a Greek rival as Europe's second-highest court annulled trademarks related to the shape of the iconic puzzle. https://t.co/Ngxzc5tpGP
La (petite) victoire juridique d’Eva Kaili https://t.co/9x163hiFN3