Germany:
Recent Case In The European Court Of First Instance: Enercon GmbH v Harmonisierungsamt fϋr den Binnenmarkt
13 December 2007
Eversheds Sutherland
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German wind turbine manufacturer Enercon applied to register
a shape consisting of an American football-shaped wind turbine
as a Community Trade Mark. The class of goods covered included
wind turbines. If the trade mark application had been
successful, this would have prevented any other manufacturer
from making or selling wind turbines of the same or similar
shape in the EC.
The application was rejected, as were Enercon's appeals
to the Board of Appeal and now the Court of First Instance.
However, it shows that some players in the wind sector are
trying to obtain as much IP protection as possible, and are
being creative in looking beyond the traditional types of IP
(in particular patents and know-how) in this sector. Enercon
certainly also has a large patent portfolio.
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