9th Jul 2015 10:07
Karlsruhe, GERMANY (Alliance News) - In a battle between two global skin-care brands, Dove and Nivea, over who owns a shade of dark blue on packaging, a German appeals court ordered a retrial Thursday.
The verdict gives Beiersdorf AG, the German company that makes Nivea cream and cleansers, a fresh chance to argue that its registration of the colour as a trademark is legally binding.
Unilever PLC, the British-Dutch maker of Dove soaps, shampoos and other products, had demanded the cancellation of the trademark, and won the first round in a federal patent court in 2013.
The federal high court in Karlsruhe, southern Germany referred the case back to patent judges for a rehearing, saying they had set the standard too high when they ruled the 2007 registration for Germany invalid.
The blue in the case is a specific shade, Pantone 280 C, defined by a proprietary standard for the colours of inks set by Pantone Inc.
Colours are believed to subtly convey emotions that can persuade shoppers to commit to a product. Hamburg-based Nivea has had blue on its cream cans for many years and Dove also uses blue prominently on its packaging in Germany.
Copyright dpa
Related Shares:
Unilever