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

Cookies Settings

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

Earlier this month, Managing IP had exclusively reported that the French arm of Taylor Wessing was minded to pull out of the deal
Our latest podcast examines how Weil’s IP practice evolved, where its practitioners could (and will) go next, and which firms and markets stand to benefit from the redistribution of talent
Former Latham partner Chris Henry and transactions lawyer Liza Cotter are heading to the firm as Weil’s IP practice starts to disperse
Rival IP teams return to court for a closely watched appeal over AI and copyright, but observers hoping for answers to some of the technology’s biggest legal questions may be left disappointed
Eight years after its launch, members of the Australian patent firm’s Singapore office explain its growth strategy over the past year
Lawyers at Bowmans Kenya discuss the digital blind spots posed by the transition from physical ledgers to cloud databases and digital co-development models
The Powell Gilbert co-founder discusses the confidence required to launch a firm, building an enduring patent litigation practice and why developing the next generation has changed her measure of success
Cabinet M Oproiu’s Raluca Vasilescu explains why AI is changing what clients expect from patent attorneys, where the technology is overhyped and what the next generation will need to do differently
As clients demand more flexible fees and AI-driven efficiencies, IP firms are rethinking pricing without abandoning the value of their work
HG Law was formed largely by ex Fish & Neave lawyers who left after the latter's merger with Ropes & Gray; now those experiences are shaping its latest combination
Gift this article