No doubt that it is difficult to come by a registration to a single colour – especially in Denmark. Only two existing registrations for a single colour are in effect currently. One owned by Grundfos…
Intellectual property law is designed to confer exclusive protections to intangible assets, to be used in compliance with honest commercial practices. In the absence of a statutory definition of what…
The ongoing dispute, originally instigated by Nestlé, surrounding Cadbury’s trade mark applications for the colour purple has recommenced. Mr Justice Meade of the High Court recently handed down…
According to the German Federal Supreme Court’s decision of 29 July 2021 (Case I ZR 139/20) the gold-colored foil of Lindt’s chocolate bunny is protected by a trademark acquired through use. The…
We all felt that after the Red Bull decision (Case C-124/18, see here at http://trademarkblog.kluweriplaw.com/2019/08/13/no-monopoly-on-blue-and-silver-for-red-bull/), pure colour combination marks…
We know that save in “exceptional” cases, colours do not initially have a distinctive character, although they may be capable of acquiring such character as the result of the use made of them. But…
In a recent case decided by the Court of Venice (decision n. 2355/2018), MHCS, the producer, inter alia, of the famous Veuve Clicquot champagne, prevailed against a prosecco producer who used orange…
The Paris Court of Appeal ruled that the French figurative trademark owned by Mr. Christian Louboutin and designating “high‑heeled shoes (except orthopedic footwear)” in Class 25, reproduced above,…