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

Marie De WitAdverit Zeist, Netherlands

This article examines the legal proceedings initiated by 7-Eleven against Nike over alleged trademark infringement relating to colour use. It explores the broader question of whether and how a colour can be monopolised as a trademark. The piece discusses the criteria courts apply to assess distinctiveness of colour marks and the tension between protecting brand identity and preserving fair competition. It situates the dispute within existing EU and Benelux trademark case law on colour marks.

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