This work discusses the question of whether it is appropriate to protect product design, and if so, to what extent and in which cases. The work touches on several areas, namely, trademark law, design and patent law, and tort law. The scope of the work is 24 pages and it includes about 45 academic sources and judgments
The purpose of protecting trademarks in general, and three-dimensional marks in particular
Purposes of granting the right in trademarks
Product shape as a trademark
The scope of protection given to trademarks for the shape of products - a comparative view
European Union
United States
Australia
Israel
Difficulties in defense
A product form is able to carry a distinguishing value in itself
Providing broad protection for product packaging versus narrow protection for product shape
The doctrine of functionality
Protection of a form that has received patent protection or an expired design
Registering a model as an alternative to protecting a trademark that is a product shape
Protection according to the grounds of plagiarism and protection according to a registered trademark