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European Court Rules that Sounds Can be Trade-Marks
On November 27, 2003, the Court of Justice of the European Communities ruled that sounds could be regarded as trade marks under Article 2 of the First Council Directive 89/104/EEC, provided that the sounds could be represented graphically by images, lines or characters in a manner that is clear, precise, self-contained, easily accessible, intelligible, durable and objective. The Court found that the sounds at issue in the particular case before the Court met such requirements to the extent that they had been reduced to sheet music, which form of graphical representation indicates the relative value of the sounds (including their pitch and duration). Other representations, however, such as a mere written description or a simple sequence of musical notes, were found not to meet the requirements. The Court acknowledged that its determination in the particular case as to whether the form of representation met the requirement, was for the national court (from which the appeal was made) to decide, and its ruling only served as guidance.
Principle 4.3, found in Schedule 1 of PIPEDA states, "The knowledge and consent of the individual are required for the collection, use, or disclosure of personal information, except where inappropriate." The Commissioner found it was undisputed that the bank had collected and used personal information without the consent of the individual and had therefore violated Principle 4.3. The bank in question had taken immediate steps to correct the situation, acting even before being notified of the involvement of the Privacy Commission.
For a copy of the decision, visit: