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United Kingdom goodwillcolour mark

LJ in Glaxo Wellcome UK Ltd v Sandoz Ltd

[2019] EWHC 2545 (Ch); [2021] RPC 27
JurisdictionUnited Kingdom
CourtHigh Court of Justice (Chancery Division)
Year2021
StatusBinding authority

Key Principle

A claimant relying on a single colour as the badge of origin in a passing-off claim must establish that the colour, on its own, has acquired distinctive goodwill denoting trade origin; mere extensive use of a colour for a product does not by itself give rise to protectable goodwill in that colour.

Area of Law

General

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TNLC & Anor v Gambling Commission & Ors [2026] EWHC 891 (TCC)
Aabar Holdings S.A.R.L. and others v Glencore Plc and others [2026] EWHC 877 (Comm)
Waterside Class Limited v Mowi ASA & Ors [2026] CAT 32

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