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The Rubik Cube and freeriding

The Rubik Cube and freeriding

In 1974 Erno Rubik develops a 3D puzzle, a cube with 6 coloured surfaces. The mechanism is protected by a Hungarian patent. Each infringement of the invention can be prevented in this way, regardless of the print on its surfaces. Only after some years the cube becomes a success. Soon all kinds of varieties appear on the market, like the Sudoku Cube and the Kamasutra Cube. Rubik wants to act against these free riders, but how? The patent is already expired.

For this reason, he initiates actions claiming copyright. However is that possible, given the fact that the cube is a technical invention and therefore belongs in the regime of patents? The court sees the cube as an invention and judges the mere shape, without colours, is not worthy of copyright protection. The use of the contrasting colours on the surfaces however is copyright worthy. Therefore, cubes with similarly coloured surfaces are infringing the Rubik Cube and should be destroyed. However, the Kamasutra Cube and the Sudoku Cube give a sufficiently different overall impression and are allowed.

About Abcor

Abcor specializes in applying for trademark and design rights. We do this worldwide for both SMEs and international companies, but often everything starts with an initial Benelux application. Our aim is to relieve the client of all the worries, which is why we take care of all the steps, from initial advice on what to apply for and how, right through to registration.

In addition to applying for trademarks, we also manage portfolios for our clients. We ensure that trademarks are renewed on time, that the right organizations are paid (given the many fraudulent companies), and we support our clients on issues.

In addition, we are sparring partners for our customers on new products and how to shape and claim new ideas.

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Newsletter: Abcor ABC Magazine

Een korte introductie tekst over de nieuwsbrief waarin je uitlegt wat het is. Hoe je direct de nieuwste editie kunt lezen en hoe je je kunt abonneren. And click here for all the numbers.

Among others in this issue:
• EUIPO vs Mora TV: weigering geluidsmerk
• Jägermeister vs Alte Heiler: stop Russische copycat
• Stichting Nederlandse Top 40: gericht op Benelux?
• Tijdschrift HART vs Hermitage: soortgelijkheid
• Monique Granneman: nieuwe partner Abcor

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