EU Court Rules Against Rubik's Cube Trademark, Citing Technical Functionality

EU Court Rules Against Rubik's Cube Trademark, Citing Technical Functionality

Introduction

The General Court of the European Union has annulled trademarks related to the shape of the Rubik's Cube, a famous puzzle invented by Hungarian professor Erno Rubik in 1974. The court held that the essential characteristics of the shape are necessary to obtain a technical result, and therefore, it should not have been registered as an EU trademark.

Factual Background

The Rubik's Cube brand was acquired by Canadian children's entertainment company Spin Master in 2021. The trademarks in question were registered by Spin Master's predecessor between 2008 and 2012. Greek company Verdes Innovations SA challenged the trademarks before the European Union Intellectual Property Office (EUIPO) in 2013.

Procedural Background

Verdes Innovations SA filed an application with EUIPO to invalidate the trademarks, arguing that they were registered contrary to EU law. EUIPO backed Verdes, and Spin Master took the case to the General Court.

Issues

1. Technical Functionality: Whether the shape of the Rubik's Cube is necessary to obtain a technical result.

2. Trademark Registration: Whether the trademarks should be annulled due to their technical functionality.

Contentions of Parties

Spin Master's Contentions: Spin Master argued that the Rubik's Cube trademarks are valid and should be protected.

Verdes' Contentions: Verdes argued that the trademarks were registered contrary to EU law, as the shape of the cube is necessary to obtain a technical result.

Reasoning & Analysis

The General Court held that the essential characteristics of the Rubik's Cube shape are necessary to obtain a technical result. The court confirmed the annulment of the trademarks, stating that they should not have been registered as EU trademarks.

Final Outcome

The General Court annulled the trademarks related to the shape of the Rubik's Cube. Spin Master stated that it will continue to safeguard the Rubik's Cube's trademarks and defend its distinctiveness and recognition.

Implications

The decision depicts the importance of technical functionality in determining trademark validity. It also emphasizes that trademarks cannot be registered if they are necessary to obtain a technical result.