Trade Marks, Registered Designs and the Monopolisation of Functional Shapes: a Consideration of Lego and Dyson

摘要

In Lego, the Court of Justice of the European Union denied registration for an exclusively functional shape mark despite the availability of other shapes capable of fulfilling the same function and in Dyson v Vax Mr Justice Arnold established that a design can not be registered for a purely functional shape even though another shape could fulfil the same required function.