Lego figurines protected as shape mark

In 2000 Lego filed a drawing of her figurines as a shape mark to protect it from third parties that may want to copy it. BestLock (a competitor) started a cancellation action against this trademark but seems to have lost this procedure. For shape marks there are some specific rules and BestLock is making use of these. For example the figures are a technical solution more than anything else, since they can be combined with other pieces.

The European Court disagrees completely. The shape of the figurines is humanlike so that children van play with it, and does not serve some technical effect. Good news for Lego
In most cases, however, trademark authorities are very careful in registering shape marks. Only if a shape is significantly different from other shapes of similar products on the market is there a chance it may be registered. (Images: source EUIPO database)

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IP quiz Trademarks

Puma is one of the bigger sports and lifestyle brands in the world. The core-business is the design, development and sale of (sports) shoes, (sports) clothing and accessories. In 1960, Puma registered an international trademark for a device designed in 1958: the formstrip. Since then, Puma has registered approximately 90 formstrip trademarks with validity in the Benelux or the European Union. Puma claims that this is a serial mark. Monshoe is a wholesaler of women's shoes and related products. The company designs and develops Monshoe shoes which it largely markets itself. Monshoe sells its women's shoes under the brands Shoecolate and Pearlz. The shoe Shoecolate is offered in various colour combinations. Puma claims that Monshoe infringes its well-known formstrip trademark. Monshoe contradicts this and states that the average consumer will not perceive the device of Monshoe on the sneakers as a trademark. And if the public will recognize a trademark in the decoration, it will not make the connection to Puma. According to Monshoe, the formstrip logo is not a well-known trademark within the meaning of the BVIE and the UMVo. There is no likelihood of confusion because the sign does not or hardly evoke any association with Puma among the public. In light of the above, who is right? Does this constitute decorative use or linking to a well-known trademark?