Overview
- The Federal Court of Justice in Karlsruhe, which heard the case Thursday, voiced early doubts that Obi’s orange has the distinctiveness needed for a trademark and said the ruling will come later.
- The dispute targets a single shade, RAL 2008 (called light red‑orange), that Obi registered in 2010 for DIY retail services before rivals Hornbach and Globus moved to cancel the mark.
- Germany’s patent office deleted the registration and the Federal Patent Court upheld that view, finding the color lacked distinctiveness, which pushed Obi’s appeal to the high court.
- Competing consumer surveys point in different directions—Obi’s expert found close to 50% link the color to Obi, a rival study found about 30%—and the judges warned that weaknesses in the rival study could reduce its weight.
- Judges are also weighing market context, since six of the seven biggest DIY chains used orange or red when Obi filed, and their decision could shape how strictly courts vet surveys and how far retailers can claim exclusive rights in brand colors that shoppers use as quick cues.