Open letter to iBurst

23 July 2009

iBurst vs Neotel: No one owns orange

iBurst loses its claim against Neotel’s use of orange (yes, the colour) in advertising. iBurst apparently “sought to lay a general claim to the colour orange”. The Advertising Standards Authority Appeal Tribunal’s judgement implies that there is no original creative thought behind using orange as a colour, while:

iBurst’s complaint against Neotel was found not to have shown that any particular creative thought or crafting adhered to its use of the colour orange in its advertising and accordingly, iBurst could not assert that any advertising goodwill or protectable advertising property attached to its use of the colour orange.

Part of Neotel’s defense was to show that “no single advertiser could claim to own the colour orange”

Source: Sara-Jane Pluke, Moore Attorneys, at BizCommunity, 3 June 2009



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    Comment by Locksmith Swanley — 2 July 2013 @ 5:05 pm

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