Moonboot shape is not distinctive
According to the Court, the high shaft, soles, laces and the material of the Moonboot are standard when it comes to snow boots, meaning that the shape does not ‘deviate significantly’ from the norm. Although the Moonboot may be iconic, the shape – from a trademark law point of view – is not distinctive, according to the Court.
Stricter assessment for shape marks
The ruling is in line with the stance of the European Court, whereby shape marks are assessed more strictly than other trademarks, and so trademark law often offers no solution for the protection of design. In some cases, a design registration can offer a solution.