Protection of colour per se: Or, #FreeThePink and the battle over “Magenta”

Hart Publishing, Tim W. Dornis, Intellectual Property Excesses (book chapter), Enrico Bonadio and Rory O’Connell (eds.) (forthcoming in 2022)

Click here to read the full article online

This paper analyses current European and US trademark law on the issue of colour-mark protection, shedding light on the structural foundations, the policies at play, and the practical problems. It proposes a test for competitive necessity as a regulatory instrument to keep colour-mark protection within the confines determined by the economic imperative of freedom of competition.

Authors

Tim W. Dornis
Leuphana University of Lüneburg

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