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
- HCMP2616/2006
The Court applied the Mega Bloks necessity test to the essential features of each applied-for shape and found those essential features were dictated by technical functions: consoles as flat rectangular housings for components and stability, controllers as two short legs connected by a rung to enable secure bi-manual control, and the memory card as a flat rectangle to fit the console aperture and allow handling. As such the shapes are excluded from registration by TMO s.12(3)(b); additionally the shapes are common and lack inherent or acquired distinctiveness under TMO ss.9 and 10, so the appe…