Stokke suffers CJEU blow over shape marks

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Stokke suffers CJEU blow over shape marks

The Norwegian maker of Tripp Trapp highchairs has suffered a setback in its battle to protect the shape of its products after the Court of Justice of the EU ruled that EU law can preclude the registration of shapes required by the function of a product

tripp-trapp.jpg

Stokke has been in a long-running battle with Germany’s Hauck, which makes two models of chairs called the Alpha and the Beta. Stokke sued Hauck, claiming that the German company’s designs infringed its copyright in its L-shaped chairs and the rights deriving from its registered trade mark in the Benelux. Hauck claimed that the trade mark was invalid.

In 2000 a Dutch court upheld Stokke’s claim with regard to copyright, but also upheld Hauck’s counterclaim seeking a declaration that the trade mark was invalid.

On appeal the Supreme Court of the Netherlands asked the CJEU to clarify the rules on the registration of a mark consisting of the shape of a product.

Yesterday the Court ruled that registration as a trade mark of shapes required by the function of a product and of shapes which give substantial value to a product with several characteristics may be precluded under EU law.

It said that reserving the benefit of such shapes to a single operator would grant a monopoly over the essential characteristics of goods, which would undermine the objective of trade mark protection.

The case will now return to the Dutch courts for a final decision.




more from across site and SHARED ros bottom lb

More from across our site

Top talking points also included news of an appellate ruling concerning ‘Pisco’ and Indian drugmakers gearing up to launch generic versions of Ozempic as Novo Nordisk’s patent expires
The government’s keenly awaited view on AI and copyright has positive themes but leaves rights owners wanting, says Rebecca Newman at Addleshaw Goddard
While IP Australia’s updated manual could be favourable to computer-implemented inventions, stakeholders would like to see whether a consistent and reliable standard is followed during actual examination
UKIPO will remain a competitive option as long as efficient service continues
A future opt-out has not been ruled out, but practitioners warn that the UK could fall behind in the AI race
US patent lawyers say they are increasingly advising clients on China strategies as corporations seek to gain leverage in enforcement, licensing, and supply chain management
Mike Rueckheim reunites with 12 of his former Winston & Strawn colleagues as King & Spalding continues aggressive hiring streak
As global commerce continues to expand through e-commerce platforms and digital marketplaces, protecting brands has become a growing challenge for organisations worldwide. Counterfeiting, intellectual property infringement, and online brand abuse are increasing across industries, making brand protection strategies a critical priority for businesses.
Henrik Holzapfel and Chuck Larsen of McDermott Will & Schulte explain why a Court of Appeal ruling could promote access to justice and present a growth opportunity for litigation finance
A co-partner in charge says the UK prosecution teams are a ‘vital’ part of the firm’s offering, while praising a key injunction win
Gift this article