5 parallel stripes on a shoe: nothing more than a rather banal generic embellishment?
Fresh and interesting article posted on the IPKat about a 5 parallel stripes mark. The question at stake: Can the stripes, as placed on the side of the shoe (see below), immediately be apprehended as constituting an indication of the commercial origin of the goods concerned?
"In its judgment of 4 December 2015 in case T-3/15 the General Court upheld OHIM’s assessment that the below mark lacks distinctive character and added some more pages to the history of position marks in Europe.
|General Court's opinion on the mark at issue|