Press Release

Jun
2016
05

posted by | on Blog | No comments

Screen Shot 2016-06-05 at 12.05.57 PM

25 May 2016

To Whom It May Concern, Seven Towns Ltd, Rubiks Brand Limited and Professor Erno Rubik would like to make the following points in response to the

Seven Towns Ltd, Rubiks Brand Limited and Professor Erno Rubik would like to make the following points in response to the Advocat General’s (AG) opinion release today, 25th May 2016 concerning the 3D uncoloured registered “3x3x3 Cube grid” trademark. 1. The appeal by Simba against the judgement which upheld the registration was unsuccessful. The Judgement

1. The appeal by Simba against the judgement which upheld the registration was unsuccessful. The Judgement by the European General Court upheld the trademark on 25th November 2014 and therefore the trademark is still valid until found otherwise by the European Court of Justice (ECJ). As yet there is no date set for the judgement of the ECJ. There may still be grounds for a further appeal whatever that judgement.

2. Whilst the European Court of Justice tends to follow the Advocat General’s opinion, this particular case is likely to be a landmark ruling and therefore one cannot read too much into this prevalence. In other words this is at the moment only informed speculation.

3. Even if this particular TM is held to be invalid there are still copyright, passing off, unfair trade, and further unchallenged trademarks to rely on and the Rubik’s brand can still put up a credible fight against infringers.

Furthermore, the opinion of the AG relied upon the assumption that the shape of the cube and grid structure are necessary to perform the technical function of the puzzle and as such could not therefore form a trademark. Technically and logically what the Advocat General has said is incorrect. Please see the two puzzles below which function IDENTICALLY to the Rubiks’ Cube but which would not infringe the registered 3D Cube trademark, and also a facsimile of the trademark which we market but which has no function as a puzzle (only as a stress reliever)!!

 

3 2 1  

This seems to be another example of European legislation working against the interests of European companies trying to bring new products to market and derive income from innovation. This case was first brought in 2006 and it has taken more than 10 years and there is still no definitive ruling on whether the registered trademark is valid. More importantly, an original EU (Hungarian) invention, marketed by a European company (based in the UK) whose fantastic commercial success benefits the EU could potentially be somewhat undermined by an erroneous or misinformed opinion. David Kremer Chairman of Seven Towns Ltd and President of Rubik’s Brand Ltd

David Kremer Chairman of Seven Towns Ltd and President of Rubik’s Brand Ltd

Chairman of Seven Towns Ltd and President of Rubik’s Brand Ltd

Leave a Reply

kadıköy ingilizce kursu maltepe ingilizce kursu