As Blue as a NIVEA Cream Tin – Requirements for Acquiring Distinctiveness
No Interlocutory Injunction? No Sweat

As Blue as a NIVEA Cream Tin – Requirements for Acquiring Distinctiveness

The German Federal Supreme Court Rules on the Blue Color Trade Mark of German Cosmetics Giant Beiersdorf

On 9 July 2015, the German Federal Supreme Court (BGH) ruled on the validity of the blue color mark of the German beauty care company Beiersdorf. The BGH specified the requirements for acquiring distinctiveness with regard to abstract color marks by stating that a color can be registered as a trademark if half of consumers linked the concerned product to that color. Thus, the BGH clarified that abstract color marks acquire distinctiveness under the same conditions as other trade marks.

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No Interlocutory Injunction? No Sweat

Unilever Australia Ltd v Revlon Australia Pty Ltd (no.2) [2014] FCA 875

This case is the latest skirmish between two personal product giants, Unilever and Revlon, before war breaks out on 15 September 2014 when the trial begins.

The case concerns ‘clinical’ anti-perspirant deodorant products; Revlon’s product sold under the brand name Mitchum Clinical and Unilever’s products sold under the brand names ‘Rexona’ and ‘Dove’. 

The first interlocutory injunction hearing was brought by Unilever against Revlon in May 2014 concerned misleading representations alleged to have been made by Revlon in advertising. On balance, the Court refused to grant the injunction as it would have a serious adverse impact on the worldwide marketing campaign for Revlon and the trial could be held in July 2014. The July trial was eventually adjourned to 15 September 2014. Read More

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