Automobili Lamborghini Holding S.p.A's Application

Case R 772/2001-1, [2005] E.T.M.R. 43 (2003)

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Automobili Lamborghini Holding S.p.A’s Application

Office for Harmonization in the Internal Market First Board of Appeal
Case R 772/2001-1, [2005] E.T.M.R. 43 (2003)

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Facts

Automobili Lamborghini Holding S.p.A. (Lamborghini) (plaintiff) tried to register a trademark relating to its car-door design with the European Union Intellectual Property Office. Lamborghini’s car doors opened vertically upwards on a swiveling axis. The trademark examiner rejected the application, asserting that although the proposed mark might be distinctive in the mass-produced-car market, in which car doors typically opened horizontally, vertically opening doors were common in the luxury-car market in which Lamborghini participated, and thus the mark was devoid of any of the distinctive character required for trademark protection. Lamborghini appealed, asking that the mark be registered based on what it argued was the distinctive movement associated with the doors opening upwards.

Rule of Law

Issue

Holding and Reasoning ()

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