CELEX: C2007/269/28
Language: en
Date: 2007-11-10 00:00:00
Title: Case C-371/06: Judgment of the Court (Sixth Chamber) of 20 September 2007 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — The Netherlands) — Benetton Group SpA v G-Star International BV (Trade marks — Directive 89/104/EEC — Article 3(1)(e), third indent, and Article 3(3) — Sign — Shape which gives substantial value to goods — Use — Advertising campaigns — Attractiveness of a shape acquired prior to the date of application for registration on account of recognition of it as a distinctive sign)

10.11.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/15
            
         Judgment of the Court (Sixth Chamber) of 20 September 2007 (reference for a preliminary ruling from the Hoge Raad der Nederlanden — The Netherlands) — Benetton Group SpA v G-Star International BV
   (Case C-371/06) (1)
   
   (Trade marks - Directive 89/104/EEC - Article 3(1)(e), third indent, and Article 3(3) - Sign - Shape which gives substantial value to goods - Use - Advertising campaigns - Attractiveness of a shape acquired prior to the date of application for registration on account of recognition of it as a distinctive sign)
   (2007/C 269/28)
   Language of the case: Dutch
   Referring court
   Hoge Raad der Nederlanden
   Parties to the main proceedings
   
      Applicant: Benetton Group SpA
   
      Defendant: G-Star International BV
   Re:
   Reference for a preliminary ruling — Hoge Raad der Nederlanden — Interpretation of Article 3(1)(e), third indent, of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1) — Jeans whose distinctive sign is the features of working or motorcycling clothes with knee pads — Sign consisting of a shape which gives substantial value to the goods
   Operative part of the judgment
   The third indent of Article 3(1)(e) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks is to be interpreted as meaning that the shape of a product which gives substantial value to that product cannot constitute a trade mark under Article 3(3) of that directive where, prior to the application for registration, it acquired attractiveness as a result of its recognition as a distinctive sign following advertising campaigns presenting the specific characteristics of the product in question.
   
      (1)  OJ C 371, 2.12.2006.