Can you monopolize a colour? On colours and their protection under trademark law!

Barbera de HeerLawyer

This article discusses trademark protection for colours, prompted by legal proceedings brought by US retail chain 7-Eleven against Nike over alleged trademark infringement involving colour marks. It explores the legal requirements and challenges of monopolising a colour under trademark law. The piece considers how courts assess distinctiveness and use of colour as a trademark. It situates the dispute within broader debates on brand identity protection.

  • 7-Eleven initiated proceedings against Nike over alleged trademark infringement
  • The dispute concerns whether a colour can be monopolised as a trademark
  • Explores legal criteria for colour trademark protection
  • Discusses distinctiveness requirements under trademark law

Related practice areas

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