Rubik’s Cube owner, Spin Master, has lost its latest battle against a Greek rival as Europe’s second-highest court annulled trademarks related to the shape of the famous puzzle.
The story began when Verdes Innovations SA challenged trademarks registered by the Rubik’s Cube’s then-owner between 2008 and 2012. Verdes argued that the design wasn’t just iconic, it was functional too.
Spin Master took its case to the Luxembourg-based General Court after Verdes Innovations, which makes puzzle cubes under the V-Cube brand, asked the EU trademark office to invalidate several trademarks registered by Spin Master’s predecessor between 2008 and 2012. The court backed the Greek company, saying Rubik’s Cube trademarks had been registered contrary to EU law under which companies cannot trademark a design if its features are there purely to make the product work.
“In the latest ruling the EU judges confirmed that the cube’s shape and six-colour scheme aren’t just iconic, they’re essential for play, hence upholding an earlier decision to annul several EU trademarks related to the puzzle toy”
In the latest ruling the EU judges confirmed that the cube’s shape and six-colour scheme aren’t just iconic, they’re essential for play, hence upholding an earlier decision to annul several EU trademarks related to the puzzle toy.
The judges said: “The General Court confirms the annulment of trademarks consisting of the shape of the Rubik’s Cube, as the essential characteristics of that shape are necessary to obtain a technical result. It should not have been registered as an EU trademark.”
Spin Master said it will further its battle to protect the Rubik Cube trademarks: “Spin Master continues to hold other forms of protection for its well-known Rubik’s Cube, which it remains committed to protect. The company will continue to defend the distinctiveness and recognition of this iconic toy.”
Konstantinos Verdes, CEO of Verdes Innovations, said: “This is a victory for the freedom to innovate. Our team has worked since 2004 to uphold this principle, and we are proud that the General Court has reaffirmed that trademark law must not be misused to secure perpetual monopolies on functional ideas.”
Spin Master can appeal to the EU’s highest authority, the European Court of Justice.
