Colour relevant to infringement

Specsavers International Healthcare Ltd and others v Asda Stores Ltd; EU Court of Justice (Case C-252/12); TLR 1 October

The colour which a third party used in order to represent a sign alleged to infringe a Community trademark could be a relevant consideration, even when the trademark had not been registered in colour, if the proprietor had used it extensively in a particular colour or combination of colours.