This week, Furcor Beverage’s application to trademark the color green on its V Energy energy drink in Australia was denied. The decision comes after the original application from 2012 detrimentally including the wrong color.
Furcor’s application was fiercely opposed by Coca-Cola on the grounds the color was already being used by competitors including “Green Storm”. The company also argued that Frucor’s application was “fatally flawed” because it attached the wrong shade of green to its original bid. The color Frucor sought to trademark was Pantone 376 C, but it mistakenly attached a swatch of the Pantone color 7727 C to its application, a much deeper and cooler green.
Even discounting this fatal flaw, Justice Yates sided with Coca-Cola, finding that the color is not a true trademark, but rather it hints at the color of the drink itself – like other green soft drinks
In 2016, a Federal Court decision ruled in favor of Coca-Cola, and this week the trademark application was denied.