JOURNAL ARTICLE

Assessments of Shape Marks' Distinctiveness and Passing-off.

  • Published In: GRUR International: Journal of European & International IP Law, 2023, v. 72, n. 12. P. 1157 1 of 2

  • Database: Legal Source 2 of 2

Abstract

This article discusses a trade mark dispute in South Africa involving the shape of a water bottle. Tupperware sought to prevent Botle Buhle Brands from infringing their registered trade mark for a water bottle, but the high court ruled in favor of Buhle Brands and ordered the cancellation of Tupperware's mark. The court found that the shape of the water bottle was not inherently distinctive and did not have acquired distinctiveness. The article also discusses a similar case involving Nestlé's Kit-Kat chocolate bar shape and concludes that Tupperware's passing-off claim should have succeeded. [Extracted from the article]

Additional Information

  • Source:GRUR International: Journal of European & International IP Law. 2023/12, Vol. 72, Issue 12, p1157
  • Document Type:Article
  • Subject Area:History
  • Publication Date:2023
  • ISSN:26328550
  • DOI:10.1093/grurint/ikad111
  • Accession Number:174784091
  • Copyright Statement:Copyright of GRUR International: Journal of European & International IP Law is the property of Oxford University Press / USA and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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