ECJ delivers blow to Rubik’s Cube; fears raised that decision paves the way for increased counterfeits

The European Court of Justice has handed down its long-awaited decision on the Rubik’s Cube 3D mark, annulling the EU Intellectual Property Office decision which confirmed registration of the shape in question as an EU trademark. The company has characterised today’s decision as “a damaging precedent”; while one legal commentator, who regards the decision as “bad news” for both brand owners and consumers, warns that it could pave the way for an increase in knock-offs and counterfeits on the market.