V Energy loses a mother of a battle over color trademark: Australia court’s decision in Frucor v Coca-Cola

We, as consumers, regularly associate colours with our favourite brands as we stroll down supermarket aisles and peer at billboards and banners in shopping centres.  But for brand holders, gaining protection for proprietary colours is not a walk in the (green) park.  The recent decision of Frucor Beverages Limited v The Coca-Cola Company [2018] FCA 993 marks the end of a lengthy six-year battle over Frucor Beverages Limited’s (Frucor’s) application for protection of a particular shade of green.  The Federal Court’s decision proves once again the difficulties that companies face in applying to register colour trade marks, and provides useful lessons for future applicants of colour trade marks to note. In the beginning… the Trade Marks Office decision In 2016, The Coca-Cola Company (CCC) opposed an application made by Frucor to register a particular shade of green (described as Pantone 376c), as used on the packaging of Frucor’s…

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