Who owns the colour green?

For completeness, as I recently discussed who owns the colour purple, I think I should mention developments relating to the colour green.

After winning a Federal Court single judge decision against Woolworth’s opposition, BP has registered its trade mark for green at its service stations.

Justice Finkelstein concluded:

65 Customers identified BP’s service stations by the colour green
alone, independently of the shield.  These are the reasons.  First BP is the
only service station that used green as the predominant colour on its get up
when the applications were filed.  Second BP has made extensive use of the
colour green in its get up – not only with the implementation of Project
Horizon but as early as 1956 when green was adopted as one of BP’s
corporate colours in Australia.  Third the colour green has featured prominently
in the company’s advertising.  On the evidence which I have, much of which
was not before the examining officer, I am bound to reach the conclusion that
the colour green in the shade depicted in the applications had acquired a
secondary meaning and had become distinctive of BP’s goods and services in
the classes for which registration is sought when the applications were filed in
1991 and 1995 respectively.

Woolworths has now obtained leave to appeal to the Federal Court Full Court. (via Warwick Rothnie)

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