18 May 2007
SONY COMPUTER ENTERTAINMENT INC v. REGISTRAR OF TRADE MARKS
- Citation
- SONY COMPUTER ENTERTAINMENT INC v. REGISTRAR OF TRADE MARKS
- Court
- Court of First Instance
- Case number
- HCMP2618/2006
Applying the Mega Bloks necessity test, the court held the essential features of Sony's consoles (flat rectangular boxes), controllers (two short round legs connected by a rung with toggles) and memory card (flat rectangular shape) are constrained by and necessary to achieve technical results (housing and protecting components and providing stability; enabling secure two-handed grip and control; fitting and connecting to console apertures and permitting insertion/grip). Consequently the shapes are excluded from registration under TMO s.12(3)(b). Independently, the shapes are common and not in…