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

Tatiana Campello reflects on 30 years of practising at the firm, and urges women IP attorneys to think beyond the day-to-day
A David v Goliath battle involving TikTok, and Via Licensing Alliance adding new members to its Voice Codec patent pool, were also among the top talking points
Latham & Watkins bolstered its IP litigation bench in California with the addition of Kieran Kieckhefer, as partner demand for trial-ready expertise shows no sign of slowing
With the launch of a new patent eligibility AI tool, Sterne Kessler is leading a growing movement of law firms taking AI development into their own hands
UPC cases are (very) gradually becoming more distributed across other local divisions outside Germany, which can only be good news for the pan-European forum
Clarification concerning jurisdictional reach and latest stats released by the court were also among the top talking points in recent weeks
Although unanimous decision by the top court clarifies several aspects of the honest concurrent use defence, practitioners say ambiguities remain
Tristan Sherliker says he hopes to solve an access to justice issue by making the automated court bundle tool free to use
The team, comprising two partners and one senior consultant, plans to offer “highly differentiated” services to clients
HGF’s new ownership model frees it from the hiring constraints of traditional partnerships, its CEO told Managing IP
Gift this article