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Rothmans Benson & Hedges Inc. v. Imperial Tobacco Products Limited

Imperial Tobacco applied for a trademark on the use of the color orange on cigarette packaging. This decision by the Court of Appeal upheld an earlier ruling finding that, in principle, a color can be registered as a trademark. Despite objections by another tobacco company, the court found that the color had in fact been used in product packaging by Imperial and that the trademark application accurately depicted the trademarks despite health warnings that also appear on the package. 

 
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