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Capri Sun 3D trade mark squeezed by invalidity bid

Written by Ellis Sweetenham on 13 October 2017

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A child favourite has fallen out of favour in Germany, after the German Federal Court held in favour of an invalidity bid on the Capri Sun pouch.

Favoured in the UK for its convenience and flavour, a Capri Sun is a staple beverage for young ones on the go.

However, it seems hopping across to mainland Europe, it is not seen as such a unique product.

Rudolf Wild Ltd who own the Capri Sun brand, succeeded in obtaining a 3D trade mark for the drink’s pouch container.

The pouch is triangular in shape with the bottom folding in as the drink is being consumed. Using a straw to access the fruity drink, it has rose in popularity for being a convenient refreshment.

Yet another decision with puts 3D trade marks in Europe into doubt, The German Federal Patent and Trade Mark Court were asked to consider an invalidity application brought against the Capri Sun pouch which argued the shape was necessary to obtain a technical result.

The invalidity proceedings were brought by a third party who initially succeeded in the German DPMA’s decision, who is the German Trade Mark Office.

This decision was appealed, but Rudolf Wild did not seek the reverse it was hoping for as the German Federal Court upheld the initial decision, deeming the juice pouch shape to be technically determined and therefore falling foul of Article 3 (2) No 2 and Article 1 of the German Trade Mark Act.

Yet another decision which casts a doubt over 3D trade marks, it is yet to be seen if they will become unprotectable. 

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