| Abstrakt: |
This article explores the possible impact of new functional provisions set out in EU trade mark law on the validity of existing rights conferred under the previous body of law. The starting point is given by the CJEU ruling and Opinions of the Advocate General delivered in the Louboutin case. The analysis touches important issues of interpretation, such as retroactive application of new law, type of signs caught by functional exclusions, and suggestions to take into consideration a time factor which may change the status of product features at issue, depending on evolving consumers' expectations. [ABSTRACT FROM AUTHOR] |
