The purple case

We assisted in the first case in Norwegian case law concerning an abstract colour as a trademark. A claim for discontinuation of the sale of a generic combination inhalator (asthma and COPD) of purple colour, as well as damages, was rejected, first by the Oslo District Court and thereafter by the Borgarting Court of Appeal. The appeal to the Supreme Court has been admitted, and it will rule on the issue of whether trademark protection of purple colour for inhalators has been established.

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