Scintilla – a flash, a spark, an iota. Shorthand for creativity and an indicator of inventiveness under Australian law.

Monday, May 5, 2014

Seeing red over yellow

The difficulties in registering a colour mark or word mark denoting a colour (that include issues of market place recognition) were highlighted by a recent set of appeals revolving around the use of the word 'Yellow' in a tussle between various business directory goods and service providers.

Allens Partner Sarah Matheson and Lawyer Tracy Lu report today on a decision that provides some useful clarification on this complex issue.

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