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APPLE HAS MANAGED to secure a court ruling allowing it to trademark the layout of its stores across the EU.
The ruling, made by the European Court of Justice (ECJ) today, was granted because it fulfilled three main criteria for a trademark: they constitute a sign, they can be represented in a graphic and they can distinguish the goods or services sold by one company from those to another.
Apple already has a similar trademark for the layout of its stores in the US which was granted in 2010. When it first tried to extend this internationally in 2013, the German patent office objected.
It claimed that the layout of a store can’t be a trademark by itself, which resulted in Apple taking the decision to court. The German courts then referred the case to the ECJ for its judgement.
The ECJ granted the trademark saying that the layout of the store can be one provided it’s capable of distinguishing its services from other similar businesses.
The Court emphasises, however, that the fact that a sign is generally capable of constituting a trademark does not imply that the sign necessarily possesses a distinctive character within the meaning of the directive. This character must be assessed in practice by reference to, first, the goods or services in question and, second, the perception of the relevant public.
It is also by a case-by-case assessment that the competent authority must determine whether the sign is descriptive of the characteristics of the goods or services concerned, or whether it gives rise to one of the other grounds for refusing the registration laid down in the directive.
The ruling, which is final and binding for the German court, means that rivals cannot replicate the same style in their own stores.
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Ah store layouts, more great technological innovation from Apple.
I’m surprised Apple don’t charge you for just setting foot in their shop. You wanna have a look around do ya? That will be 10 euro entrance fee please.
Won’t be long till they try and convince everyone that they actually invented apples and we have to start paying them for Granny Smiths etc.
Ha ha! Graham! You have worked them out too I see
Silly, silly statement. If you have ever been in a true Apple shop you would be impressed with the free level of help and assistance. Their care and concern for customers is second to none
This is tongue in cheek, I presume, Stephen?
No it isn’t have you ever been in a genuine Apple store ?,
Typical Apple, fashion over innovation and quality
You have to be kidding, nothing is superior to Apple quality and as for innovation would you be using a smartphone or tablet without Apples innovation. Silly, silly boy
Innovation? I remember then iPhone first came out. Should have been called the ‘i’, did everything except make phone calls.
@Stephen – innovation is right as opposed to invention – Apple took/has taken what was/is already available in terms of technology, bundled it all into a snazzy aluminium casing to sell at “slightly” inflated prices… You still have to look hard to pinpoint some form of technology which entirely originates from Apple…
Dumb comment
Do your research before you make smartarsed incorrect comments
Lol calm down Stephen, easy now.
I’ve been using smartphones and tablets since ’02.
Agreed, but dumb ill informed anti apple nonsense just irritates my tits off
Gareth Bale tried to copyright that stupid celebration – not sure if it was successful.
https://ipo.gov.uk/tmcase/Results/1/UK00002657917
There’s an entire industry revolving around copyright claims, infringement and patent trolling. Produces no tangible service or product, and just locks in future profit for as long as possible. Actually, it’s turned into the exact opposite of innovation, whatever that’s called.
Shut up Apple. Nonsense.
Yawn
Would the tech clueless Apple fanboys red thumb here please. Red for thick and green for computer users.
Plenty of computer-science orientated engineers use Macs, I suppose they’re “tech clueless Apple fanboys” also?
Yes. They are.
Obviously a Samsung loser fanboy
Obviously have not a clue about computers Apple fanboi. I don’t use a smart phone. Btw : you are NOT better than anyone else cuz u have a beard, wine ankle basher jeans and an iphone5. Ha ha ha
Having a beard is a sign of a cultured mind, wine, ankle basher jeans, what are you on, and i dont have an iphone 5 just a sublime 4s
DBY, resorting to personal insults is a major sign of not having a sensible answer. Where’s your self respect ?
Fact: if you look at the store layout from the sky it looks like Garth Brooks cancelling five concerts.
Is there even an Apple store in Dublin yet?
No, only rubbish resellers, like CompuB.
The only Apple store in Ireland is actually in Belfast
Android fanboys/trolls are fast off the mark! Maybe you should head over to the Samsung losing money story!
Android ≠ Samsung
Yes! They are so thick it’s hilarious.
Well said
Won’t affect us, they couldn’t be bothered opening one in Dublin
Bulmers, made by that red or green round thing that grows off trees….
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