Lidl, the discount supermarket chain, has had a request to cancel a trademark held by Crocs thrown out by the Community Trade Mark Office of the European Union. The claim related to the 3D shape of the recognizable plastic shoes across the EU. In a document filed to the Cancellation Division, Lidl argued that the design of the shoe is simply a variation of a shoe shape “known for centuries.” The retailer also said that the design of the shoe is meant to enable the free circulation of air and increased comfort, and that these are technical functions on which a trademark cannot be applied. According to Crocs, on the contrary, the shape of the shoe departed “significantly from the norm or customs of the [footwear] sector.” The particular shape, said Crocs, is typically recognized by the public as originating from Crocs. The Cancellation Division finally dismissed Lidl's claim. The regulator rejected Lidl's technical function argument, noting that the shape does not fulfill a technical function as a whole, although some of its parts do, adding that the shape of the shoe is actually distinctive of Crocs shoes and no other. The decision can be appealed.

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