Shield Mark BV v Joost Kist [2003] Case C-283/01
Judgement for the case Shield Mark BV v Joost Kist
Table Of Contents
Claimant sought to register the first nine notes of ‘Fur Elise’, as well as the sound of a cock crowing.
Claimant used musical notation, onomatopoeic representation (‘kukelekuuuu’), and a verbal description (‘the crowing of a cock’).
Held:
Fur Elise
-
No need for immediate intelligibility
Suffices that intelligibility is ‘easy’
Thus fact that not everyone can read music does not stop a stave being sufficient graphical representation
Cock Crowing
-
Verbal description of sounds does not suffice
Is lack of consistency between onomatopoeia and sound, and thus not precise
Different people have different perceptions of onomatopoeia, and thus not objective
For Further Study on Shield Mark BV v Joost Kist
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