In Woolworths Limited v BP plc [2006] FCAFC 132 (4 September 2006)the Full Court of the Federal Court reversed Judge Finkelstein’s decision that BP could register its trade mark for green at its service stations.

Whilst it was not argued that a distinctive colour could not be
registered as a trade mark, the decision considered BP’s history of use
of green , its use of its logo and the use of survey evidence.

More at Kim Weatherall, Warwick Rothnie.

UPDATE 15 June 2007: High Court refuses BP’s application for special leave to appeal.