cyberROTH Interactive Solutions

Remington won its landmark legal battle against Philips in the European Court of Justice (ECJ) in June, clearing the way for us to sell our rotary shavers across Europe. But what does it all mean?

The battle started nearly 20 years ago in the United States, when Philips tried to register as a trademark the shape of its rotary shaver head: three heads arranged in a triangle.

TRADEMARKS VS. PATENTS

Unlike patents, which keep other companies from copying a functional design, trademarks are signs, symbols or words given to a company to identify merchandise as its own. Famous examples of trademarks are the Coca Cola bottle, the Nike “swoosh,” the word “Chevrolet” and, of course, the word “Remington.”

Another difference between them is that patents are awarded for a limited period of time, while trademarks are awarded permanently. In applying for a trademark, Philips was trying to protect the shape of its rotary head forever, preventing anyone else from selling rotary shavers with three heads arranged in a triangle.

Although Philips was unsuccessful in obtaining a trademark in the United States and Canada, it was successful in many countries in Europe (including the U.K.) and in many other parts of the world. So when Remington introduced its own rotary shavers into the U.K. market in 1995, Philips sued.

WHAT’S AT ISSUE?

The question decided by the courts in the U.K. case was whether Philips could register a trademark on the three-headed design at all, given the fact that the shape served a “function” (shaving). Legally, trademarks cannot be issued with respect to shapes that are “functional” because this is what the patent laws are for.

Remington argued that the three-headed shape was the most sensible way to arrange rotary heads, making the shape functional, not trademark-able. Philips argued that although the shape was functional, there were many other shapes that rotary shavers could take and, because of this, a trademark could be issued.

The ECJ’s June decision will hopefully settle years of litigation. In the decision, the ECJ determined that functional shapes cannot be trademarked, even if there are many alternative functional shapes that could be used to produce a product. This decision has set legal standards in Europe for how far any design or shape can be protected under trademark law, putting the Remington name on an important legal landmark.

“We welcome this ruling, which is comprehensive and detailed,” said Remington president Neil DeFeo. “It will set a precedent for future trademark applications and open the European market. Consumers will now be able to make choices and track down their favorite brands and best deals.”

Remington’s rotary shavers are now one of the bestselling shavers in the United States. The favorable landmark ruling has eased the way for Remington to expand the market in Europe.