Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 08 DECEMBER 2017

Inside IP: Distinctly Unclear – Red Bull's Two-Colour Trade Mark Lacks Precision

Mishcon de Reya LLP
Mishcon de Reya LLP
Contributor
Mishcon de Reya LLP

Mishcon de Reya LLP

Founded by Lord Mishcon in 1937, in a one-room office in Brixton, Mishcon de Reya now employs over...

View firm profile
Explore more from Mishcon de Reya LLP

The EU General Court has decided that Red Bull's well-known blue/grey colour combination is insufficiently precise to be validly registered as a trade mark.

United KingdomIntellectual Property
Nina O'Sullivan
Nina O'Sullivan
Mark Nichols
Mark Nichols

The EU General Court has decided that Red Bull's well-known blue/grey colour combination is insufficiently precise to be validly registered as a trade mark. Whilst Red Bull may appeal to the European Court of Justice, the decision is a blow for brand owners, with Marques (the brand owners' association) having made representations to the General Court that the test for registrability of two-colour marks has been set too high. In particular, the effect of the decision seems to be that colour marks comprising colour combinations are harder to register than those of single colours.

The energy drink manufacturer was appealing against successful invalidity actions against the below representation, which had been registered twice with different descriptions:

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

AI, Deepfakes And Image Rights: Does English Law Protect Your Face, Voice And Likeness?

Generative AI has created a legal vacuum where synthetic images and deepfakes can be created and shared without consent, yet English law offers no standalone "image right" to protect individuals. With celebrities like Lisa Riley and over 80 performers demanding reform, the question is whether the UK's patchwork of intellectual property, data protection, and common law protections can adequately address this rapidly evolving threat to personal autonomy and reputation.
United KingdomIntellectual Property
Mills & Reeve LLP
Mills & Reeve LLP
Article

The Sound Of Ownership: Why AI Voice Cloning Is Raising New IP Questions

As AI voice cloning technology becomes increasingly sophisticated and accessible, the Save Our Voices Now campaign calls for statutory rights allowing individuals to own and control their voice as intellectual property. This article examines whether existing UK law sufficiently protects one of our most personal and recognisable attributes, exploring copyright, trade marks, passing off, and the practical steps individuals and businesses can take.
United KingdomIntellectual Property
Ashfords LLP
Ashfords LLP
Article

High Court Clarifies The Limits Of Copyright Claims Against Online Marketplaces

The UK High Court has delivered a landmark ruling on online marketplace liability, dismissing Shein's copyright infringement claims against Temu and clarifying when platforms can be held responsible for third-party content. The judgment examines the boundaries of copyright ownership in complex supply chains and establishes important precedents for how marketplace operators should respond to infringement allegations.
United KingdomIntellectual Property
HGF Law
HGF Law
Article

The Manchester Creative Industries AI Summit – The Government's Opportunity To Set Out A Policy Direction On Copyright And AI?

Prime Minister Andy Burnham has convened the Creative Industries AI Summit in Manchester to bring together rightsholders, regulators, platforms and AI labs to align on a common approach to copyright-protected works in AI development. The Summit will unveil the 'Manchester Principles', a framework establishing minimum conditions for using human creative work to train generative AI models.
United KingdomIntellectual Property
Lewis Silkin
Lewis Silkin
Article

UPC CoA Confirms Jurisdiction Over Pending European Patent Application

The UPC Court of Appeal has confirmed that the Unified Patent Court can exercise jurisdiction over European patent applications, provided they are granted before the defendant files their statement of defence. This landmark decision means patent holders may now be locked into the UPC system even before their patents are officially granted, fundamentally changing the strategic timing considerations for opting out of UPC jurisdiction.
United KingdomIntellectual Property
HGF Law
HGF Law
Article

UK Right To Work Checks: What Changes On 1 October 2026

The UK's right-to-work regime is undergoing a fundamental transformation that will extend compliance obligations far beyond traditional employment relationships. From 1 October 2026, businesses engaging contractors, agency workers, platform-based workers, and complex supply chains will face new liability risks that travel up entire contracting chains. Understanding these changes and implementing the required contractual terms, substitution controls, and identity verification systems is now critical for orga
United KingdomEmployment and HR
Mishcon de Reya LLP
Mishcon de Reya LLP
Article

Manchester City: Independent Commission Publishes Decision On Premier League Charges

An independent Premier League Commission has found Manchester City in breach of financial rules spanning nine seasons, with findings that the club artificially inflated revenues and reduced costs by over £900 million. The decision marks what the Premier League describes as the most significant case in its history, though Manchester City strongly disputes the findings and intends to appeal, setting the stage for further proceedings that could reshape English football's regulatory landscape.
United KingdomCorporate/Commercial Law
Mishcon de Reya LLP
Mishcon de Reya LLP
Article

Meta's $18 Billion Settlement: Reckoning Or Managed Exit?

Meta has agreed to pay up to $18 billion over 10 years to settle claims by 52 US state and territory attorneys general in the largest state consumer-protection settlement in American history outside tobacco. The settlement imposes binding child-safety obligations including time limits and age assurance, but leaves the core algorithmic feed unchanged and raises questions about whether this represents genuine accountability or a commercially managed outcome.
United KingdomLitigation, Mediation & Arbitration
Mishcon de Reya LLP
Mishcon de Reya LLP
Article

The New Trade Union Right Of Access: What Employers Need To Do Now

From 30 October 2026, independent trade unions will gain statutory rights to access workplaces - both physically and digitally - regardless of existing union membership or recognition. With tight statutory deadlines for responding to access requests and penalties reaching £500,000 for repeated breaches, employers face a significant shift in how unions can establish themselves in previously non-unionised workplaces.
United KingdomEmployment and HR
Mishcon de Reya LLP
Mishcon de Reya LLP
Article

Samsung Ordered To Pay The Swatch Group US$11.6 Million In Damages For Trade Mark Infringement

The High Court has awarded the Swatch Group US$11.6 million in negotiation damages against Samsung for trade mark infringements involving watch face apps on the Galaxy App store. Rejecting both parties' extreme valuations of US$170 million and US$301, the court established important principles for assessing damages when brand owners don't license their marks and no comparable market royalties exist.
United KingdomIntellectual Property
Mishcon de Reya LLP
Mishcon de Reya LLP
Article

Renters' Rights Act 'Register Your Rental Property' Service To Launch In December 2026

The UK Government has announced the regional rollout of its new Private Rented Sector database, requiring landlords to register themselves and their properties starting December 2026. With annual fees of £65 per property and potential fines for non-compliance, this comprehensive registration system will fundamentally change how rental properties are tracked and regulated across England.
United KingdomReal Estate and Construction
Mishcon de Reya LLP
Mishcon de Reya LLP
Article

R (University Of Sussex) v Office For Students: Reshaping The OfS's Guidance On Freedom Of Speech And Academic Freedom

The High Court's landmark ruling in R (University of Sussex) v Office for Students has fundamentally reshaped how the OfS regulates freedom of speech in higher education, leading to revised guidance that requires holistic policy assessment and proper consideration of remedial actions. With the new free-speech complaints scheme now operational, institutions face heightened scrutiny of their policies and must ensure their frameworks protect lawful speech while meeting equality obligations.
United KingdomConsumer Protection
Mishcon de Reya LLP
Mishcon de Reya LLP
Article

Can Insurers Avoid Covering Defence Costs Under A D&O Policy Before Fraud Is Proved?

In a landmark ruling, the English Commercial Court has determined that insurers must continue advancing defence costs under D&O policies even when fraud allegations are pending, provided a non-avoidance clause is present. The decision addresses whether such clauses violate public policy and establishes that insurers cannot withhold coverage until fraud is either admitted or proven by final court decision.
United KingdomInsurance
Mishcon de Reya LLP
Mishcon de Reya LLP
Article

Protecting Reputation In The AI Era: How To Prepare, Monitor And Respond

AI has fundamentally altered how reputation is shaped, with AI-powered search engines now delivering authoritative-seeming summaries rather than traditional search results. From deepfakes and voice cloning to coordinated review bombing and bot-driven harassment campaigns, the threats are evolving rapidly—but so are the defensive tools available to those who understand how to deploy them strategically.
United KingdomMedia, Telecoms, IT, Entertainment
Mishcon de Reya LLP
Mishcon de Reya LLP