The case: Since the 1950s, German publisher Langenscheidt markets dictionaries in a special yellow color. This color is registered as a German trademark for “printed bilingual dictionaries”, on the basis of acquired distinctiveness. Rosetta Stone offered a language-learning software using a specific yellow color. Langenscheidt sued Rosetta Stone for infringement of its yellow color trademark. The German Federal Supreme Court confirmed the infringement.
Comments on the decision of the German Federal Supreme Court (September 18, 2014 – Case I ZR 228/12 – Yellow Dictionaries) by Pascal Böhner.