Judge Orders New Hearing in ‘Blue’ Trademark Dispute

Blue, like beauty, is apparently in the eyes of the beholder.

Beiersdorf recently won a ruling from a top court that gives it a second chance to defend a trademark for the blue color on its Nivea products in an ongoing fight with Unilever. The court ordered a new hearing in a suit by Unilever challenging the national trademark Beiersdorf owns for the color. The top judges sent the case back to the Munich-based Federal Patent Court.

According to the latest ruling, the patent court established an overly strict standard when it ruled for Unilever, saying the color could only gain intellectual property protection when 75% of consumers associate it with Nivea products. Rather, that figure should be lowered to 50%, the judges said.

“Since 1925, the color Nivea Blue, as it is used on the legendary blue Nivea Creme tins for example, has stood for the brand values of Nivea: Trust, Closeness and Care. It is the “face” of the brand and the foundation for the global design language of Nivea products. Its wide use over a long period and across the brand portfolio has ensured that consumers around the world associate the characteristic blue with the absolute highest skin care competence. For this reason we will spare no efforts in protecting the iconic color image as well as all other brand and design rights,” said board member Ralph Gusko.

The suit is part of an old dispute between the two firm over colors used by Dove and Nivea. A related case filed by Beiersdorf is still pending at the top court.

Still, Unilever said the ruling backed its decision to file the lawsuit because the court confirmed the trademark covered too wide a spectrum of products. Unilever expects the patent court to reinstate the original decision following the new trial, said a spokesman.