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13 December 2013 / Jessica Stretch
Issue: 7588 / Categories: Features , Intellectual property
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The colour purple

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Jessica Stretch provides guidance on protecting colour & shape trade marks
When asked to think of a famous trade mark, most people will cite a brand name or logo. In fact, trade marks can be registered for many aspects of a brand such as colour, shape, sound and smell. Legislation defines a trade mark as (i) a sign (ii) capable of being represented graphically and (iii) capable of distinguishing the goods or services of one undertaking from those of other undertakings (the Trade Marks Act 1994, s 1(1) and Directive (EC) 2008/95, Art 2).

 

The Court of Appeal has recently explored the meaning of “graphic representation” in the context of Cadbury’s application for the colour purple and JW Spear’s registration for the shape and colour of a Scrabble tile (Societe des Produits Nestle SA v Cadbury UK Ltd [2013] EWCA Civ 1174, [2013] All ER (D) 35 (Oct) and JW Spear & Son Ltd v Zynga Inc [2013] EWCA Civ 1175, [2013] All ER (D) 39 (Oct)). These cases highlight some common

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NEWS
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NLJ this week: Old rules, fresh warnings in employment law
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
NLJ this week: The rise of the ‘ChatGPT client’ rattles the profession
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
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A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
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Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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