Four Dimensions of Diamond T: Combination Trade Marks of Colours And Shapes

2006 ◽  
Vol 37 (4) ◽  
pp. 583
Author(s):  
Michael McGowan

This article examines the relatively new fields of colour and shape trade marks. It was initially feared by some academics that the new marks would encroach on the realms of patent and copyright.  However, the traditional requirements of trade mark law, such as functionality and descriptiveness, have meant that trade marks in colour and shape are extremely hard to acquire if they do not have factual distinctiveness. As colour and shape trade marks have no special restrictions, it is proposed that the combination trade mark theory and analysis from the Diamond T case should be used as a way to make them more accessible. The combination analysis can be easily applied because every product has a three dimensional shape and a fourth dimension of colour.

Author(s):  
Justine Pila ◽  
Paul L.C. Torremans

This chapter considers design law in the EU. Designs have something to do with shape and they are closely linked with the concept of a trade mark for a three-dimensional shape. Under the Community Designs Regulation, a single registered design right is granted in essence and this is done for the whole of the EU. That system is administered by the Office for Harmonization in the Internal Market (OHIM), which also administers the Community trade mark (Article 2 of the Regulation). As with the Community trade mark, the Community design right has a unitary character (Article 1(3) of the Regulation). The remainder of the chapter discusses the requirements for the grant of a registered design; grounds for refusal of registration; rights of the owner and infringement; ownership of and entitlement to a registered design; grounds for invalidity of a registered design; duration of the registered design right; and international commercial exploitation of registered designs.


2017 ◽  
Author(s):  
Tatsuya Kitamura ◽  
Hironori Takemoto ◽  
Hisanori Makinae ◽  
Tetsutaro Yamaguchi ◽  
Kotaro Maki

i-Perception ◽  
2020 ◽  
Vol 11 (6) ◽  
pp. 204166952098231
Author(s):  
Masakazu Ohara ◽  
Juno Kim ◽  
Kowa Koida

Perceiving the shape of three-dimensional objects is essential for interacting with them in daily life. If objects are constructed from different materials, can the human visual system accurately estimate their three-dimensional shape? We varied the thickness, motion, opacity, and specularity of globally convex objects rendered in a photorealistic environment. These objects were presented under either dynamic or static viewing condition. Observers rated the overall convexity of these objects along the depth axis. Our results show that observers perceived solid transparent objects as flatter than the same objects rendered with opaque reflectance properties. Regional variation in local root-mean-square image contrast was shown to provide information that is predictive of perceived surface convexity.


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