In a judgment dated November 25, the Court rejected arguments made by Simba Toys that the cube involved a technical solution.
Simba had filed a cancellation action at OHIM in 2006 against the 3D mark, which was registered in 1999 (right). The registration, covering three-dimensional puzzles, is owned by UK company Seven Towns.
In its judgment, the General Court said “the black lines and, more generally, the grid structure on each surface of the cube in question do not perform, or are not even suggestive of, any technical function”.
It said the rotating mechanism is “internal” to the cube and “invisible on the graphic representations of the contested mark”.
Further analysis:
