Product appearance: intersection points between trademark and competition law

Intellectual Property / IP & IT

Autoren: Dr. Ferndinand Graf, Dr. Claudia Csáky

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.


Dr. Claudia Csáky

LL.M. (LONDON) Rechtsanwältin

Dr. Ferdinand Graf

LL.M. (NYU) Partner