Rechtsstreit um Farbe: Obi verliert Farbstreit - Orange ist Baumarkt-Allgemeingut
Obi hat Orange im Logo - doch mit dem Wunsch, den Farbton schützen zu lassen, scheitert das Unternehmen nun. Wie der BGH seine Entscheidung begründet.
Karlsruhe - Germany's Federal Court of Justice (BGH) has ruled against Baumarktkette Obi, denying the company's attempt to gain trademark protection for its "Hausfarbe" Orange. The BGH dismissed Obi's appeal against a decision made by the Federal Patent Court (Bundespatentgericht), which had previously declared the deletion of the color mark by the German Patent and Trademark Office (DPMA) to be lawful.
This prompted Obi to take its case to the BGH. The BGH stated that the color Orange is no more than a reference to all hardware stores in general, and not specifically to Obi, noting that the color is a central and distinguishing element of Obi's brand identity. The Federal Patent Court disagreed, and now the BGH has followed suit.
This marks the end of a long-standing dispute between Obi and competing hardware chains Hornbach and Globus, both of which had sought the deletion of Obi's color mark.
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- Obi: Baumarktkette verliert Farbstreit um „Obi-Orange“ handelsblatt.com
