EU Court Denies JOOP Bid To Protect Exclamation

Law360, New York (September 30, 2009, 1:46 PM EDT) -- A European Union court has upheld a board's denial of German fashion design house JOOP GmbH's bid to trademark its bold exclamation point, ruling that the mark is not distinctive enough on its own.

The EU’s Court of First Instance on Wednesday rejected JOOP's argument that the bold exclamation mark commonly following the word “JOOP” on its products can be trademarked.

“The sign in question will not be perceived immediately as an indication of commercial origin of products and will not allow the consumer to associate...
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