Coca-Cola, Trade Dress Rights In Japan

Law360, New York (June 4, 2008, 12:00 AM EDT) -- On May 29, 2008, the Intellectual Property High Court of Japan issued a decision recognizing the Coca-Cola bottle as a three-dimensional trademark (rittai shohyo) under the Trademark Act.

The relatively new appeals court, which only came into existence three years ago, reversed an administrative decision by the Japanese Patent Office (JPO) rejecting a trademark application by Coca-Cola.

As a result the “contour bottle,” as the iconic cola bottle is officially designated by Coca-Cola, became the first instance in which trade dress has been recognized as being...
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