Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 02 DECEMBER 2024

No Grey Areas In Kärcher Yellow Ruling

Marks & Clerk
Marks & Clerk
Contributor
Marks & Clerk

Marks & Clerk

Marks & Clerk LLP was founded in 1887 by George Croydon Marks, who was joined in partnership by...

View firm profile
Explore more from Marks & Clerk

Kärcher successfully enforced its German "zinc yellow" color trademark at the Hamburg Higher Regional Court. The court ruled that slight color differences and alternative branding did not negate confusion, reinforcing the strength of color trademarks in branding.

United KingdomIntellectual Property
Susan Bradley
Susan Bradley
Samantha Collins
Samantha Collins
Author LinkedIn connections

Kärcher, the well-known designer and manufacturer of home, garden and professional cleaning devices, has successfully enforced it's German colour trade mark ('zinc yellow' / RAL 1018) at the Higher Regional Court of Hamburg.

1545366.jpg

In addition to an extensive patent portfolio, Kärcher has a number of trade marks registered around the world. Kärcher's 'zinc yellow' colour trade mark was registered in 2005 for 'motor-driven cleaning devices that work with a high-pressure water jet; the aforementioned devices for use outside the home' in class 7.

During the court proceedings, survey evidence was submitted to show that the public perceived the yellow colour as a trade mark, and linked it to Kärcher.

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

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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

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

Takeaways From UC Berkeley Law AI Institute

UC Berkeley Law AI Institute brought together academics, venture capitalists, judges, lawyers, and general counsels from leading AI companies to discuss critical issues spanning intellectual property, privacy, European regulation, and AI governance. The event revealed significant gaps in law firm AI policies, explored the judiciary's role in AI implementation, and examined the fragmented regulatory landscape alongside massive US venture capital investment in AI model development.
United StatesTechnology
Marks & Clerk
Marks & Clerk
Article

Can Generative AI Help Us Live Longer? Rentosertib Study Suggests Anti-aging Therapies May Be A Step Closer

Insilico Medicine has reported that Rentosertib, an AI-discovered clinical candidate for idiopathic pulmonary fibrosis, demonstrates effectiveness in reversing the predicted biological age of IPF patients according to six independent proteomic aging clocks. The molecule's dual-purpose approach—targeting both a diagnosable disease and biological aging simultaneously—may open new pathways for anti-aging therapies...
United StatesFood, Drugs, Healthcare, Life Sciences
Marks & Clerk
Marks & Clerk
Article

McLaren Leverages Its Heritage For New Logo Design

McLaren has unveiled a new logo inspired by the McLaren family service station in Auckland, New Zealand, alongside the heritage-focused McL 6GT supercar featuring the iconic Speedy Kiwi logo. The reintroduction of these heritage marks raises important intellectual property considerations around trade mark protection, non-use vulnerabilities, and strategic portfolio management as the brand expands into new markets including its first SUV.
United KingdomIntellectual Property
Marks & Clerk
Marks & Clerk