Enforcement actions for abstract color trademarks are infrequent, primarily due to the inherent challenges in securing protection for such marks, as colors are typically not viewed as distinctive. Protection is usually granted only to well-known colors that have gained distinctiveness through use. A notable case involved Kärcher, which successfully defended its trademark for ‘Kärcher yellow’ against an Italian competitor. The Higher Regional Court of Hamburg upheld the likelihood of confusion, citing extensive survey evidence that demonstrated public recognition of the color as a source identifier. The court also dismissed the defendants' claims regarding forfeiture, emphasizing the significance of color perception in trademark enforcement.
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