Lemonade Wins Right to Use Signature Pink in France

December 18, 2020

Lemonade said it has won one battle in its ongoing fight to use its signature pink in the European Union.

The digital insurer said it came out on top in a key ruling against Deutsche Telekom (T-Mobile’s corporate parent) over the use of the color pink in France. According to Lemonade, French authorities in a Dec. 15 ruling found that “there is no evidence of genuine use of this mark for the contested services” by Deutsche Telekom, confirming that “the owner of the contested mark should therefore be deprived of his rights.”

Other challenges remain. A similar suit is pending in Germany, where Lemonade made color changes to address Deutsche Telekom’s legal issue though, though Lemonade filed a legal challenge that hasn’t yet been resolved. A challenge over Deutsche Telekom’s “pan-European ‘magenta’ trademark” is also in play, Lemonade said in a release announcing the case in France.

Lemonade has long used pink in its advertising since its 2016 launch and the color is part of its brand identity. Its legal battles began in 2019 just months after it expanded into Germany. Deutsche Telekom won a temporary injunction in Germany against Lemonade regarding use of the color, for which it claims exclusive rights in the country and elsewhere. While it temporarily made color changes the court ordered, Lemonade refused to sign an agreement to stop using pink.

Lemonade chose to fight back, initially through a motion with the European Union Intellectual Property office and the German Trademark Office.

New York-based Lemonade recently started selling renters insurance in France and also does business in the Netherlands. Further European expansion is planned.

Source: Lemonade