Last Th Advocate General Francis Jacobs gave his Opinion inwards Case C-329/02 P, where Sat.1 SatellitenFernsehen GmbH appealed against the Court of First Instance's refusal to let the registration of the give-and-take score SAT.2 for a broad diverseness of services, including satellite broadcasting. The CFI ruled that SAT.2 was lacking inwards distinctive grapheme (Regulation 40/94, Art.7(1)(b)) inwards relation to the satellite broadcasting. In doing so, the CFI stated that the solid soil of Art.7(1)(b) was the request to proceed non-distinctive signs gratuitous for full general use; as to Art.7(1)(c), the CFI adopted a fell "salami-slicing" approach to registrability, ruling that since "Sat", "." as well as "2" each lacked distinctiveness inwards themselves, SAT.2 must live every bit lacking inwards distinctive character. The Advocate General has recommended that the ECJ let the appeal: the fact that a sign, or role of a sign, is non sufficiently distinctive to serve as a merchandise score is non inwards itself a argue why it should live kept gratuitous for others to use. The ECJ's before ruling on colouring marks inwards Libertel did non say that Art.7(1)(b) required that such marks should kept gratuitous for full general use, only rather that businesses should non live unduly restricted inwards damage of the availability of colours. The AG too disapproved of the salami-slicing operation: marks must live considered as a whole, non inwards molecular quantities.
is really happy amongst this Opinion, which he hopes the ECJ volition adopt. He would notwithstanding remind the applicant that, fifty-fifty if the score is registered, the aeroplane of protection which this largely descriptive score is probable to confer volition live really narrow.
Some unsavoury salami-slicing here , here as well as here
Salami-slicers here
Salamis here; chocolate salami here; intellectually stimulating salami joke here
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