Maglite lose European Trade Mark case

I'm not sure how old it is, or whether it's been posted before, but here it is anyway...

Maglite Lose Trade Mark Case
The ongoing dispute concerning the Maglite torch has finally been concluded by the European Court of Justice as it rejects the three dimensional shape of a torch for registration as a Community trade mark.
Mag Instrument's applied for a three dimensional torch in 1996 which was immediately objected to by the Examiner on the grounds that it lacked distinctiveness under Article 7 (1) (b) of the Community Trade Mark Regulation...

Full article...

Might common sense prevail ? Hard to believe ...
bernhard

Bernhard

Politics aside many people resent lots of decisions taken by the ECJ but in this instance and having read the judges replies to Mags arguements I really think common sense has prevailed! I particulary like the last paragraph of the article which states that the judges are consumers themselves.

Doug

[ QUOTE ]
Kiessling said:
Might common sense prevail ? Hard to believe ...
bernhard

[/ QUOTE ]

Strange, but apparently true. /ubbthreads/images/graemlins/thumbsup.gif /ubbthreads/images/graemlins/thumbsup.gif /ubbthreads/images/graemlins/thumbsup.gif

I feel the cool refreshing breeze of straight thinking; what a pleasent change from the way Mag's legal efforts have worked here.

Brightnorm?

Okay, just to be the devil's advocate here, do you think the European Court made the decision based on the fact Maglite is an American company at all? Just wondering what otheres would think, I mean, after all, it is an American Icon....

Nick

NO

You mean like the US refusing landing rights for Concorde? Surely not /ubbthreads/images/graemlins/grin.gif

interesting how the first two responders are both English man......

I'm not from UK, and don't think it is a politic issue. Correct me, but I think Mag has a kind of lawyers troop which does not have other thing to do than that (Even ARC was involded on one of that legal battles , am I wrong?)

I think they would do better spending their money researching about new technology and products. That, IMHO, is the only way to keep on head, not just with a trusted name and aged products... Is BMW still selling their 1980's 3 series? And yes, it was a very good car, far better than its competitors, and a real best seller on its kind. Off topic.

Nick,

Do I detect some anti British sentiment there or am I wrong?

I genuinely dont think the ECJ made their decision out of Anti-American bias. The EJC has some of the finest legal brains from around Europe and these judges simply make decisions based on the concepts of law.

I believe that Maglite has demonstrated to the majority of members of this and other flashlight forums that it is prepared to use its financial clout to deny innovation or competition with its own line of products. Does this mean that Arc (American owned and made)was anti American? No! Rather it demonstrates that rather than innovate and push the boundaries of design forward that it sees protectionism as the best way to preserve profits. This is not unusual and many companies from around the world use legal challenges to other competitors if they perceive that this is in their own interest to do so.

I own and use Maglite products but prefer more sophisticated competitors lights if only because Mag has nothing to offer which is similar!

I own and am writing this on a PC using a Microsoft Win XP operating system (incidentally one of the finest pieces of software available IMHO)but it doesn't mean I'm happy with Microsoft using its legal clout to hammer Linux based competitors.

The American way of life is based on corporate and individual innovation and competition. Simply because the ECJ made a decision which denies an American company the judgement they were looking for does not imply that they are or were anti American!

As to American Icon well I'd have to disagree there, Ford and General Motors are American icons, Harley Davison and Marilyn Monroe are to name but a few. Maglite is close but I dont think you could describe it as an icon any more than you could describe Streamlight as an icon.


Doug /ubbthreads/images/graemlins/grin.gif

I suppose they had to copyright the shape because that's it's only good point. Everything else about it sucks and they know it. Hence the very defensive legal position.
There is no nationality issue here, other than what you bring to the table 270.
British firms loose out often enough in the EU courts, but no-one cries out about Anglophobia.
Besides it's unwise to diss your only consistent allies!
Chill mate,it's only a torch (and a cr@p one at that). /ubbthreads/images/graemlins/grin.gif

Based on my esperience only, here in Europe a "mark" is intended as an unique graphic or shape that is indicative of the specific "object" of trade. A generic cylindrical shape would have never been accepted as trademark. I don't think there isn't any bias in ECJ judges, they just went their usual way of doing things.

I believe MAG is trying to protect themselves in Europe from cheap knock-offs, but it will be a difficult task as long as they allow here a MAG 2D to sell, on average, at 40 € (about 50 $).


Anthony

Agree, and a Magcharger is arround 200 €...nice price

so ... you guys are angry when Mag wins copyright issues in the US and rant about them loosing in Europe?
Come on ...
bk

I don't think anyone is mad about anything, and I would suppose that 270winchester (being in California, after all) was simply curious about whether there was strong anti-american sentiment in the UK. Maybe he was simply suprised by the concept of logic in a legal proceding.

I know that France has several laws that are mainly to limit the undue influence of other countries in changing their language, and I'm sure others do too.

I find it interesting that a company like MAG can try to prevent others from using a cylindrical shape for a flashlight.

Daniel

BTW, the Concord did fly to the east coast and was permitted to land. It was the inland cities and west coast that were a problem, IIRC. I don't think it flew regularly between Paris and London either

btw,

a concorde between london and paris makes really no sense. the starting and landing procedure would take more time than the real flight.

From my perspective (regardless of my views on the subject), the topic of anit-American sentiment in the UK isn't appropriate for this General Flashlight Discussion Forum.
That goes for Concorde as well.

Thanks

Al

Well, sorry to stir suspicion of anti-british sentiments. no, I do not hate the Brits......

I was just being a devil's advocate, and from growing up, maglite has been ThE light to have, mostly from generational reccomendations. i love the way they look and feel.

but that does not excuse the attempt to legally monopolize the market. it is not in the spirit of the original founders, I'm sure.

And life goes on


cheers folks

nick

MAG didn't do their homework. In patent law, if a products appearance or shape is dictated by a general purchase third party product, a three dimensional patent application will be denied.

What that means in this case is that the battery shape (AA, AAA, etc.) dictates the shape of a flashlight so the product shape cannot be patented.

Secondly, there is prior art. The shape of the flashlight precedes MAG.

They had to lose.

Al