On June 9, 2020, the Commercial court in Montenegro issued a pivotal decision in a single colour trademark infringement case.
This is the first time that a case involving an infringement of a single colour trademark has been rendered by the Commercial Court in Montenegro, making it a first ruling of its kind in the Montenegrin trademark practice.
In the case at hand ZMP represented the Plaintiff and trademark holder, Deutsche Telekom AG, a German company renowned in the field of telecommunication and IT. Operating through its subsidiary, Crnogorski Telekom AD, the Deutsche Telekom AG has been present and successfully active on the Montenegrin market for over a decade. Over the years, Deutsche Telekom AG had successfully registered numerous trademarks in Montenegro, amongst which can also be found a single colour trademark registered for the colour Magenta. Use of this specific colour in order to represent the IT services, has subsequently led to it being highly recognizable amongst the Montenegrin consumers who can therefore easily identify and distinguish the goods and services of the Deutsche Telekom AG from those of its other direct competitors.
On the opposite side was the Defendant who used a highly similar, and in some places identical colour to the Plaintiff’s Magenta colour, while the scope of the Defendant’s goods and services was identical to those for which the Plaintiff’s Magenta colour trademark was registered as well.
Given the parties did not settle the issue at hand amicably, Deutsche Telekom had to resort to court proceedings, which ended in the favourable decision of the court. This decision is considered of high importance for the Montenegrin trademark landscape, as it will further help to enhance and strengthen positive legal practice in the field.