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Shield Mark BV v Joost Kist

[2003] Case C-283/01

Case summary last updated at 31/01/2020 14:51 by the Oxbridge Notes in-house law team.

Judgement for the case Shield Mark BV v Joost Kist

C sought to register the first nine notes of ‘Fur Elise’, as well as the sound of a cock crowing. C used musical notation, onomatopoeic representation (‘kukelekuuuu’), and a verbal description (‘the crowing of a cock’). Held:
Fur Elise
·       No need for immediate intelligibility
Ø  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
i)         Is lack of consistency between onomatopoeia and sound
-        Thus not precise
ii)       Different people have different perceptions of onomatopoeia
-        Thus not objective

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