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Chiquita loses EU trademark protection for blue and yellow oval for fresh fruits

By Melissa Ritti ( November 13, 2024, 13:16 GMT | Insight) -- The European Union General Court, Second Chamber, today upheld partial cancellation of a blue and yellow oval trademark registered by Chiquita Brands in 2008. In their ruling, the three-member panel affirmed that the color and shape of the mark, as applied to fresh fruit, lacks inherent or acquired distinctiveness in the EU. A consumer survey by Chiquita, with its leading questions and small sample size, could be to blame.The EU General Court dismissed an appeal today by Chiquita Brands of findings by the EUIPO First Board of Appeal that its blue and yellow oval trademark is partly invalid....

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