(CN) – A European court ruled that PepsiCo’s pog design is not distinct enough from one previously registered. Pogs, also known as rappers or tazos, are small, disc-shaped promotional items used by children in games.
Grupo Promer Mon Graphic, which filed its pog design in February 2003, challenged Pepsi’s filing of a similar design in September of the same year.
Although the nature of pogs generally restricts their design to a specific shape and size, the European Court of Justice ruled, Pepsi could have used a different, non-circular delineation in its pog design and avoided similarities.
The court’s ruling annulled a decision by a harmonization office to dismiss Grupo Promer’s application for invalidity.