There’s been a case rumbling along for a while now involving Nestle and Cadbury which (and I’m over simplifying massively here) the shape of Kit Kat bars was in issue. The history of the case and the dispute is infinitely more complicated than that, and worthy of a separate blog post, but for now
Check out the IPKat’s post on it here – http://ipkitten.blogspot.ie/2015/09/breaking-news-cjeu-says-that-acquired.html
And the CJEU Judgement (all 68 pages of it) here – http://curia.europa.eu/juris/document/document.jsf?text=&docid=167821&pageIndex=0&doclang=EN&mode=req&dir=&occ=first&part=1&cid=502951