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25 Nov 2019, 12:30 am
 Not Pantone 280CBeiersdorf applied for the protection of the abstract colour mark "blue" (Pantone 280 C) for goods in class 3 ("products for body and beauty care, namely skin, and body care products"). [read post]
23 Sep 2019, 9:41 am by Dan Harris
Don’t just tell them red; use something like the Pantone Matching System to make sure it is the exact color red you want. [read post]
31 Aug 2019, 1:14 am
Consequently the scope of the protection of the trade mark is not limited to the reproduction of the Pantone 18.16663 TP colour (for which Louboutin trade mark has been registered) but also covers other types of red when the difference is insignificant for the average consumer.The use of the sign Advertising In limine, the Brussels court noted that the concept of advertising is harmonised by article 2(a) directive 2006/114:‘advertising’ means the making of a representation in… [read post]
15 Apr 2019, 11:44 pm
Purple colour options not a series of marks, as Court of Appeal sinks Cadbury’s novel chocolate argumentCadbury v The Comptroller General v Nestlé [2018] EWCA Civ 2715 (December 2018)Mentioned briefly back in Volume I, the Court of Appeal has now brought an end to Cadbury’s hopes of keeping its UK registration for its colour purple going.In 2013, Cadbury’s registration for Pantone 2685C “applied to the whole visible surface, or being the predominant colour… [read post]
17 Mar 2019, 7:15 am
The trademark, consisting of a green tone identified under Pantone 361C, was protected through interim measures (here) in a preliminary finding. [read post]
14 Dec 2018, 6:22 am
“With consumers craving human interaction and social connection, the humanizing and heartening qualities displayed by the convivial Pantone Living Coral hit a responsive chord,” the company said in its statement. [read post]
10 Dec 2018, 12:52 am
The mark (AKA Pantone 2685C)Cadbury UK Ltd v The Comptroller General of Patents Designs And Trade Marks [2018] EWCA Civ 2715.This appeal concerned Cadbury's attempt to amend the description of the mark:The mark consists of the colour purple, as shown on the form of application, applied to the whole visible surface, or being the predominant colour applied to the whole visible surface, of the packaging of the goods. [read post]
7 Dec 2018, 2:45 am by Peter Groves
It is the latest skirmish in the war over the colour purple - not the Pullitzer Prize winning novel of that name by Alice Walker, nor the film made from it by Stephen Speilberg, but the colour of the packaging applied to Cadbury's chocolate, Pantone shade 2685C. [read post]
3 Dec 2018, 3:58 am by Matthew Dresden
Or UPS brown (aka Pantone Matching System 462C), which is protected in the U.S. by U.S. [read post]
20 Sep 2018, 10:35 am by Yosie Saint-Cyr
Informed by Panton v Everywoman’s Health Centre Society (1988), 2000 BCCA 621, the test of establishing just cause is “an objective one, viewed through the lens of a reasonable employer taking account of all relevant circumstances. [read post]
6 Sep 2018, 9:57 am by Christopher Hsu
The original panel comprised Judges Theodor Meron, Carmel Agius, Liu Daqun, Prisca Matimba Nyambe and Seymour Panton. [read post]
31 Aug 2018, 2:27 pm by Laura Morelli
The trademark is described as follows: “The trademark consists of the color red (Pantone 18.1663TP) applied to the sole of a shoe as shown (the outline of the shoe is therefore not part of the trademark but serves to show the positioning of the trademark)”. [read post]
29 Aug 2018, 10:00 pm
Louboutin, which owns a Benelux trademark for “high-heeled shoes” comprised of “the coulour red (Pantone 18-1663TP) applied to the sole of a shoe,” sued Dutch retail shoe outlet Van Haren, which was selling high-heeled shoes with red soles, in the District Court of The Hague. [read post]
12 Aug 2018, 9:45 pm by Helen Macpherson (AU)
Pantone 376c) to be a precise identifier of the colour claimed, rather than the swatch representing the mark. [read post]
12 Aug 2018, 9:45 pm by Helen Macpherson (AU)
Pantone 376c) to be a precise identifier of the colour claimed, rather than the swatch representing the mark. [read post]
5 Aug 2018, 11:06 pm by Steve Baird
The Supplemental Registration described the mark as “the color yellow green (Pantone 375) as applied to the goods. [read post]
12 Jun 2018, 9:57 am by Jani Ihalainen
This would exclude any signs that merely apply a color to an apparent shape from the remit of Article 3(e), such as the shoe in the Louboutin trademark.If the shape of the shoe is excluded from the mark, the Court considered that the mark therefore could not exclusively consist of a shape, as the main element of that sign is a specific colour designated by an internationally recognised identification code (in this instance Pantone 18‑1663TP).In short, the Court concluded that… [read post]