Protecting brands

Microsoft has opened its second flagship retail store (bottom left), and some are saying that these are copies of the Apple stores.

Similarities are lots of open space and broad, clean tables with equipment for customers to try.

Perhaps Microsoft was inspired by the design of Apple stores, which have certainly been successful in showcasing Apple products.

The real issue is whether Microsoft is legally able to do this.

And the answer is yes.

There is no ownership in the concept of a big, open store with lots of space and equipment on tables. Apple may be the first computer company to make the concept a key part of its brand, but being first is not enough. A much higher standard of originality would be needed for the possibility of any protection.

Unique shopfittings, signage, lighting and items of furniture can potentially be protected through registration but store designs/layouts are generally unprotectable.