21 Jun 2007
V BUILD-A-BEAR WORKSHOP, INC HC WN CIV 2007-485-196
- Citation
- openlaw-95ec1f28_9a0e_4a07_a300_89ad399f9811.pdf
- Court
- High Court
In the absence of evidence of acquired distinctiveness, the three-dimensional heart shape is a simple, commonly used form in relation to toys and retail services and, given the broad specification, other traders are likely legitimately to use the shape; therefore it is not inherently capable of distinguishing the applicant's goods or services and fails s.18(1)(b), so the Assistant Commissioner's refusal was correct.