(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.
Subscribe to Closing Arguments
Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.