EU General Court upholds finding of partial invalidity of the Moon Boot shape trade mark
Can something be simultaneously iconic and lack distinctiveness under trade mark law? Last week, the General Court (GC) answered this question in the affirmative in its decision in T-483/20 Tecnica Group , concerning trade mark protection of the shape of an icon of Italian fashion design and history: the Moon Boots. Inspired by the boots worn by Neil Amstrong to walk on the surface of the Moon in 1969, the Moon Boots were the first, dedicated after ski footwear . Since then, over 20 million pairs have been sold. The Moon Boots have been also displayed in world-class museums like the MoMa and the Louvre. Background In 2011, Tecnica applied to register the 3D sign below, corresponding to the shape of its Moon Boots after ski footwear, as an EU trade mark (EUTM) for goods in classes 18, 20, and 25. Registration ( No 10 168 441 ) was granted the following year.