Bayer Fails to Block Rival’s EU Trademark Registration (1)

Bayer AG failed to persuade a European court that a Greek competitor infringed its trademark rights by using a wavy green-and-white-stripe motif on its packaging.

Consumers aren’t likely to be confused by the packaging, the EU General Court ruled Oct. 24, particularly because of the prominence of the two companies’ distinctive Bayer and Salospir trademarks on the packages.

The green-and-white color scheme is common in the industry, the court said. Furthermore, buyers are more likely to rely on product names than stripes when distinguishing products for purchase decisions.

The ruling affirmed a decision by the EU Intellectual Property Office Board ...