The idea behind the unfathomable: shapes and other characteristics which give substantial value to the goods, EIPR 2022, p. 150-161

Abstract

This article discusses the substantial value exclusion in trademark law. Central in this article is the ratio of the substantial value exclusion and the conditions of application. This article argues that the substantial value exclusion should only be applied in exceptional cases. Also, the recent expansion of the substantial value exception to "another characteristic" is analysed; it is argued that the expansion should be interpreted teleologically.