Product appearance: intersection points between trademark and competition law

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In a recent decision the Supreme Court has reiterated its view that plaintiffs must prove that their products, product appearances and unregistered marks have acquired secondary meaning with the relevant public in order for them to be protected under the Act on Unfair Competition. Producers of products with distinctive product appearances should therefore consider registering them as trademarks.

ILO Newsletter, August 19, 2013

Inquiry note:

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GRAF ISOLA Rechtsanwälte GmbH
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Authors

Ferdinand Graf
LL.M. (NYU) | Dr.iur. (University of Vienna) | Partner
T:+43 1 401 17 - 0
Claudia Csáky
LL.M. (LONDON) | Dr.iur. (University of Vienna) | Attorney-at-Law
T:+43 1 401 17 - 0