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Copigmentation reactions of boysenberry juice : a thesis presented in partial fulfillment of the requirements for the degree of Master of Technology in Food Technology at Massey University, Albany, New ZealandJettanapornsumran, Monchanok January 2009 (has links)
Colour is one of the main sensory characteristics of berry juice and fruit products and this parameter also powerfully impacts on consumer behaviour. However, the colour of berry juices is unstable and degradation occurs during storage. The main objectives of the project were: to determine the mechanism by which boysenberry juice enhances the colour of other berry juices and to determine if its addition to berry juices will also stabilise the anthocyanin pigments and enhance copigmentation. In this study, total anthocyanin, total phenolic acids, hyperchromic and bathochromic shift and the rate of colour degradation was measured by spectrophotometric techniques. Individual anthocyanin and phenolic acid content were measured in each juice by high performance liquid chromatography (HPLC) were evaluated during storage at 5, 20 and 35?C. Boysenberry juice improved the colour of blackcurrant, cranberry and pomegranate juices immediately after addition; however, only blackcurrant juice colour was stable during storage at 5?C. There was no influence on the stability of total anthocyanins in pomegranate or cranberry juices when boysenberry juice was added. Of the three juices, pomegranate had the highest rate of degradation. The total anthocyanin of blackcurrant enhanced with boysenberry juice was more stable than for cranberry and pomegranate juices. The impact of phenolic acids found in boysenberry juice (kaemferol, quercetin and ellagic acid) on blackcurrant juice colour stability was also investigated. The colour stability of blackcurrant juice was improved by the addition of ellagic acid at 5?C; however, the colour intensity of blackcurrant enhanced with kaemferol and quercetin decreased with storage. The copigmentations between anthocyanins themselves were not found to be a significant effect on colour stability of blackcurrant juice. Ellagic acid had the strongest colour improvement in blackcurrant juice compared to boysenberry juice. In conclusion, ellagic acid as found in boysenberry juice formed intermolecular copigmentation with blackcurrant juice anthocyanins, so this resulted in stabilised juice colour during storage; however, the effect was found when the juice was stored at 5?C only.
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The effect of pre-rigor infusion of lamb with kiwifruit juice on meat qualityHan, Jin January 2008 (has links)
Tenderness, juiciness, colour and flavour are the most important meat quality attributes affecting the consumer acceptance. Maintaining the consistency of meat products by avoiding variable quality has become a major concern and great challenge to the meat industry. This in turn will also benefit meat end-users in the marketplace by having more tender meat. The present study was designed to evaluate the overall effects of pre-rigor infusion with kiwifruit juice, which contains the plant protease, actinidin, on lamb quality. A total of 18 lambs (12 months old) were divided into three treatment groups (6 lambs per each treatment). After exsanguination, lamb carcasses were infused (10% body weight) with fresh kiwifruit juice (Ac), water (W) and compared with a noninfusion treatment which acted as a control (C). Samples from different muscle/cuts (longissimus dorsi (LD) vs leg chops) at different post-mortem times (1 day post-mortem vs. 3 wks vacuum packaged storage at 2°C) and display time (0 to 6 days after the post-mortem storage) were analysed to monitor the changes on meat physical properties (e.g., tenderness, temperature, drip and cooking loss, colour), biochemical changes (pH, proteins and lipids) and volatile flavour compounds after the infusion treatments. The most tender meat (lowest shear force values) (P < 0.001) detected in the Ac carcasses post-mortem compared with C and W carcasses demonstrated that kiwifruit juice was a very powerful meat tenderizer, and could contribute to the meat tenderization process efficiently and effectively. Compared with C and W carcasses, the enhanced proteolytic activity (P = 0.002) resulting from the actinidin in kiwifruit juice in Ac carcasses caused degradation of the myofibrillar proteins and the appearance of new peptides during postmortem ageing. A slight positive effect in a*-value (redness) and decreased lipid oxidation, found in leg chops, was thought to be caused by the natural antioxidants in kiwifruit juice. Kiwifruit juice infused into the meat did not alter (P > 0.05) the volatile flavour compound profile indicating that the meat from Ac treated carcasses maintained its natural lamb flavour. No treatment differences were found for the temperature decline (P > 0.05) between the infused treatments and C. The higher rate of pH decline (P < 0.05) found in W carcasses might have contributed to the higher drip and cooking loss. The unbound water in meat might contribute to the higher L*-values (lightness) found in W carcasses. In summary, the proteolytic tenderizing infusion treatment using kiwifruit juice is a feasible approach for the commercial meat industry to increase profits, and also could satisfy the eating quality standards required by the consumers. In addition, tenderizing meat by using kiwifruit juice could also provide the kiwifruit processors an additional option for use of their product to gain a more profitable return.
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Influence of ripening grape compounds on behavioural responses of birdsSaxton, V. P. January 2004 (has links)
Vineyards in New Zealand suffer bird damage caused by several avian species, including blackbirds and silvereyes. The introduced European Blackbird takes whole grapes which reduces yield. The self-introduced Australasian Silvereye pecks on grapes, leaving them on the vine to be further attacked by fungi and bacteria, and the subsequent off-odours can cause grapes to be refused by the winery or to suffer a price-reduction. Bird control methods remain primitive and largely ineffective during the long ripening period of wine grapes. An ecologically sound method to manage and reduce bird pressure requires deeper understanding of why some birds eat grapes, especially since grapes are not particularly nutritious. This work investigated the extent to which blackbirds and silvereyes are attracted by various compounds in ripening grapes. Since in natural grapes these compounds develop and change simultaneously, I developed an artificial grape in which a single parameter could be investigated. Artificial grapes (and sometimes nectar) were presented on a bird feeder table and the responses of birds to hexose sugars, the aromas 2-3-isobutylmethoxypyrazine and geraniol, tartaric and malic acids, grape tannins, and purple and green colour were recorded on timelapse video and analysed.
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Habitat manipulation to enhance biological control of light brown apple moth (Epiphyas Postvittana)Begum, Mahmuda January 2004 (has links)
Trichogramma carverae Oatman and Pinto is mass-released for biological control of the leafroller pest, light brown apple moth, Epiphyas postvittana (Walker) in Australian vineyards. Parasitoid performance can, however, be constrained by a lack of suitable adult food and no information is available on the effect of nectar on the parasitism and longevity of T. carverae. To address this, the effect of alyssum, Lobularia maritima (L.) flowers on E. postvittana parasitism was studied in a vineyard experiment with and without releases of T. carverae. Egg parasitoid activity was assessed with E. postvittana egg �sentinel cards� and no parasitism was recorded in plots without T. carverae releases. Where T. carverae were released, there was no significant enhancement of parasitism by the presence of L. maritima flowers. Three hypotheses were subsequently tested to account for the lack of an effect: (i) T. carverae does not benefit from L. maritima nectar, (ii) T. carverae was feeding on nectar from other flowering plants (weeds) present in the vineyard, (iii) T. carverae was feeding on sugars from ripe grapes. A growth-cabinet experiment using potted L. maritima plants with and without flowers did not support hypothesis one. No parasitism was recorded after day two for T. carverae caged without flowers whilst parasitism occured until day eight in the presence of flowers. A laboratory experiment with common vineyard weeds (Trifolium repens, Hypochoeris radicata, Echium plantagineum) as well as L. maritima did not support hypothesis one but gave partial support to hypothesis two. Survival of T. carverae was enhanced to a small but statistically significant extent in vials with intact flowers of L. maritima, white clover (T. repens) and catsear (H. radicata) but not in vials with flowering shoots of these species from which flowers and flowering buds had been removed. Paterson�s curse (E. plantagineum) flowers had no effect on T. carverae survival. In a laboratory study, punctured grapes significantly enhanced T. carverae survival compared with a treatment without grapes, supporting hypothesis three. Trichogramma carverae performance in the field experiment was probably also constrained by relatively cool and wet weather. Further work on the enhancement of T. carverae efficacy by L. maritima and other carbohydrate sources is warranted. Greenhouse and field experiments were conducted to investigate whether T. carverae benefit from different groundcover plant species. Ten T. carverae adults (<24h after eclosion) were caged with different groundcover species and a control with no plant materials. Epiphyas postvittana egg sentinel cards were used to measure parasitism and longevity was recorded visually. Survival and realised parasitism of T. carverae was significantly higher in L. maritima than in Brassica juncea, Coriandrum sativum, shoots of these species from which flowers had been removed and nil control treatments. A similar experiment with Fagopyrum esculentum (with- and without-flowers) and a control treatment showed that survival was significantly higher in intact F. esculentum than in without-flower and control treatments. There was no significant treatment effect on parasitism in the early stages of that experiment, though parasitism was recorded in the presence of F. esculentum flowers for 12 days, compared with 6 days in other treatments. Higher parasitism was observed in intact Borago officinalis than in the flowerless shoot, water only and no plant material control treatments in a third experiment. There was no significant treatment effect on parasitism. Fitted exponential curves for survival data differed significantly in curvature in the first, second and third experiments but the slope was a non-significant parameter in the second and third experiments. In a second series of laboratory experiments, one male and one female T. carverae were caged with groundcover species to investigate male and female longevity and daily fecundity. Both male and female longevity in F. esculentum and L. maritima treatments were significantly higher than on shoots of these species from which flowers had been removed, and than in the control treatments. Daily fecundity was significantly greater in the intact L. maritima treatment than in all other treatments. Fitted exponential curves for daily fecundity differed significantly in position and slope but not in curvature. There was no significant treatment effect on longevity or parasitism when a male and female were caged with intact B. juncea, B. officinalis or without-flower of these species, nor in the treatment with no plant materials. No parasitism was observed in a survey of naturally occurring egg parasitoids on two sites close to Orange and Canowindra in New South Wales, illustrating the importance of mass releases of T. carverae in biological control of E. postvittana. In an experiment on the Canowindra site, parasitism was significantly higher on day one and day two after T. carverae release when with-flower treatments were compared with without-flower treatments. Parasitism was significantly higher in the F. esculentum treatment than in C. sativum, L. maritima, vegetation without-flowers and control treatments on these dates. On day five, parasitism was higher in C. sativum than in all other treatments. There was no significant increase in parasitism in a second experiment conducted on the Orange site. Coriandrum sativum, F. esculentum and L. maritima appear to be suitable adult food sources for T. carverae and offer some scope for habitat manipulation in vineyards The adults of many parasitoid species require nectar for optimal fitness but very little is known about flower recognition. Flight cage experiments showed that the adults of T. carverae benefited from L. maritima bearing white flowers to a greater extent than was the case for light pink, dark pink or purple flowered cultivars, despite all cultivars producing nectar. Survival and realised parasitism on non-white flowers were no greater than when the parasitoids were caged on L. maritima shoots from which flowers had been removed. The possibility that differences between L. maritima cultivars were due to factors other than flower colour, such as nectar quality, was excluded by dyeing white L. maritima flowers by placing the roots of the plants in 5% food dye (blue or pink) solution. Survival of T. carverae was lower on dyed L. maritima flowers than on undyed white flowers. Mixing the same dyes with honey in a third experiment conducted in the dark showed that the low level of feeding on dyed flowers was unlikely to be the result of olfactory or gustatory cues. Flower colour appears, therefore, to be a critical factor in the choice of plants used to enhance biological control, and is likely to also be a factor in the role parasitoids play in structuring invertebrate communities. Provision of nectar producing plants to increase the effectiveness of biological control is one aspect of habitat manipulation, but care needs to be taken to avoid the use of plant species that may benefit pest species. Greenhouse experiments were conducted to investigate whether the adult E. postvittana and larvae benefit from nectar producing groundcover species. Newly emerged E. postvittana adults were caged with different groundcover species and a honey-based artificial adult diet. The longevity of male and female E. postvittana when caged with shoots of borage (B. officinalis) and buckwheat (F. esculentum) bearing flowers was as long as when fed a honey-based artificial diet. This effect was not evident when caged with shoots of these plants from which flowers had been removed. Longevity was significantly lower than in the artificial diet treatment when caged with coriander (C. sativum) or alyssum (L. maritima) irrespective of whether flowers were present or not. There was no significant treatment effect on the lifetime fecundity of E. postvittana. A second experiment with mustard (B. juncea) (with- and without-flowers), water only and honey-based artificial adult diet showed no significant treatment effects on the longevity of male and female E. postvittana or on the lifetime fecundity of E. postvittana. The anomalous lack of a difference between the water and honey-based diet treatments precludes making conclusions on the value of B. juncea for E. postvittana. Two greenhouse experiments were conducted to evaluate the effects of groundcover species on the larval development of E. postvittana. In the first experiment, larval mortality was significantly higher in C. sativum, and L. maritima than in B. juncea, B. officinalis and white clover (T. repens) a known host of E. postvittana. Coriandrum sativum and L. maritima extended the larval period. In B. juncea and B. officinalis, mortality did not differ from that in T. repens. In F. esculentum, larval mortality was significantly higher than in T. repens. A short larval period was observed on B. juncea, B. officinalis and F. esculentum. Fitted exponential curves for larval mortality differed significantly in curvature between plant treatments. Similarly, successful pupation was significantly lower in C. sativum, F. esculentum and L. maritima than in T. repens. The percentage of successful pupation in B. juncea and B. officinalis did not differ from F. esculentum and T. repens. Fitted exponential curves for pupation differed significantly in curvature. A similar trend was observed in a second experiment with potted plants. The overall results suggest that C. sativum and L. maritima denied benefit to E. postvittana adults and larvae, so could be planted as vineyard groundcover with minimal risk of exacerbating this pest. Overall results suggest that T. carverae require nutrients to reach their full reproductive potential and flowers provide such nutrients. Lobularia maritima and C. sativum may be considered �selective food plants� for T. carverae whereas F. esculentum appears to be a �non-selective food plant�; both T. carverae and E. postvittana benefited from it. Fruits such as grapes can be used as food resources in habitat manipulation and this merits further research. This result also suggests that within species flower colour is an important factor for flower selection in habitat manipulation.
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Evaluation of Systematic&Colour Print MottleChristoffersson, Jessica January 2005 (has links)
<p>Print mottle is a problem that has been hassling the printing business for a long time. Along with sharpness and correct colour reproduction, absence of print mottle is one of the most important factors of print quality. The possibility to measure the amount of print mottle (reflectance variation) may in many ways facilitate the development of printing methods. Such a measurement model should preferably follow the functions and abilities of the Human Visual System (HVS). </p><p>The traditional model that STFI-Packforsk has developed to measure print mottle uses frequency analysis to find variations in reflectance. However, this model suffers some limitations since is does not perfectly agree with the functions of the HVS and does only measure variations in lightness. A new model that better follows the functions of the HVS has thus been developed. The new model does not only consider variations in lightness (monochromatic) but also variations in colour (chromatic). The new model also puts a higher weight on systematic variations than on random variations since the human eye is more sensitive to ordered structures. Furthermore, the new model uses a contrast sensitivity function that weights the importance of variations in different frequencies. </p><p>To compare the new model with the traditional STFI model, two tests were carried out. Each test consisted of a group of test patches that were evaluated by the traditional STFI model and the new model. The first test consisted of 15 greyscale test patches that originated from conventional flexo and offset presses. The second test consisted of 24 digitally simulated test patches containing colour mottle and systematic mottle. </p><p>The evaluation results in both the traditional and the new model were compared to the results of a visual evaluation carried out using a panel of test persons. The new model produced a result that correlated considerably better with the visual estimation than what the traditional model did.</p>
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Perceptionsanalys av tre webbplatser som använder Flash : skillnader i syn på färg och form bland kvinnliga och manliga Internetanvändare i olika åldersgrupperKronvall, Alf January 2003 (has links)
<p>Denna uppsats undersöker hur kvinnor och män i olika åldersgrupper förhåller sig till Flashapplikationer utifrån deras uppfattning om färg och form. Deltagarna som består av skolungdomar, nyexaminerade studenter och pensionärer har genom en enkät och en semistrukturerad intervjuform fått redogöra för sina intryck av Santa Marias, Eccos och Indiskas webbplatser. </p><p>Undersökningsdeltagarna identifierar Flashelementen genom deras rörelser. Deltagarna vill välja om de ska se animationer och andra applikationer skapade i Flash för att inte tappa koncentrationen från övrigt innehåll. Studenterna i undersökningen har en mer kritisk hållning till färgval, formgivning och användandet av Flash än övriga. Kvinnorna i undersökningen har en mer liberal hållning till färg och form än männen. </p> / <p>This essay explores how men and women in different age groups experiences Flashapplications, depending on their perception of colour and form. The participants, teenagers at a junior high school, students who just have finished their degree and senior citizens have by answering a form and by taking part in a semi structured interview been able to express their opinion of the following Scandinavian web pages: Santa Maria, Ecco and Indiska.</p><p>The participants identify the flash objects by their movements. The participants want to be able to choose weather or not to see the animations and other applications created in Flash, to avoid loosing focus on the other information the trademarks wants to express. The students have the most critical approach to colour, form and the use of Flash objects. The female participants have a more liberal approach to colour and form then the male participants. </p>
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Mapping Genes Affecting Phenotypic Traits in ChickenKerje, Susanne January 2003 (has links)
<p>The purpose of gene mapping is to understand the underlying genetics of simple and complex traits like plumage colour and growth. This thesis is based on a cross between the wild ancestor of the modern chicken, the red junglefowl, and a White Leghorn line selected for high egg mass. There are obvious phenotypic differences between these two breeds in several aspects such as growth, egg production and behaviour. These complex traits are often influenced by a number of genes or Quantitative Trait Loci (QTL) as well as environmental factors.</p><p>Identification of QTL regions involves testing of association between genetic markers and the phenotype of interest. The QTL identified in this study explain most of the difference in adult body weight between the red junglefowl and the White Leghorn, but less of the difference at earlier age. By applying a different method for detection of QTL, including gene interactions, epistasis, we can understand more of the genetics behind early growth. The allele coming from the red junglefowl is generally associated with lower weight, egg production and food consumption.</p><p>In this study we have also identified two genes explaining the difference in plumage colour in the cross. The <i>Extension</i> locus, encoded by the melanocortin receptor 1 (<i>MC1R</i>), controls the amount of pigment produced has shown to be associated with plumage colour. A mutation in the <i>MC1R</i> gene causes black pigmentation of the plumage. </p><p>We have also found association between the <i>PMEL17</i> gene, known to be involved in normal pigmentation, and the <i>Dominant white</i> phenotype present in the White Leghorn. After comparison of sequences from different alleles at the <i>Dominant white</i> locus, amino acid alteration caused by insertion and deletion in the transmembrane region of the <i>PMEL17</i> protein has been revealed. These mutations are associated with alleles representing different plumage colour variants.</p>
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Mapping Genes Affecting Phenotypic Traits in ChickenKerje, Susanne January 2003 (has links)
The purpose of gene mapping is to understand the underlying genetics of simple and complex traits like plumage colour and growth. This thesis is based on a cross between the wild ancestor of the modern chicken, the red junglefowl, and a White Leghorn line selected for high egg mass. There are obvious phenotypic differences between these two breeds in several aspects such as growth, egg production and behaviour. These complex traits are often influenced by a number of genes or Quantitative Trait Loci (QTL) as well as environmental factors. Identification of QTL regions involves testing of association between genetic markers and the phenotype of interest. The QTL identified in this study explain most of the difference in adult body weight between the red junglefowl and the White Leghorn, but less of the difference at earlier age. By applying a different method for detection of QTL, including gene interactions, epistasis, we can understand more of the genetics behind early growth. The allele coming from the red junglefowl is generally associated with lower weight, egg production and food consumption. In this study we have also identified two genes explaining the difference in plumage colour in the cross. The Extension locus, encoded by the melanocortin receptor 1 (MC1R), controls the amount of pigment produced has shown to be associated with plumage colour. A mutation in the MC1R gene causes black pigmentation of the plumage. We have also found association between the PMEL17 gene, known to be involved in normal pigmentation, and the Dominant white phenotype present in the White Leghorn. After comparison of sequences from different alleles at the Dominant white locus, amino acid alteration caused by insertion and deletion in the transmembrane region of the PMEL17 protein has been revealed. These mutations are associated with alleles representing different plumage colour variants.
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Arsenic in tubewell water of Bangladesh and approaches for sustainable mitigationJakariya, Md. January 2007 (has links)
There is an urgent need for Bangladesh to identify the arsenic (As) contaminated tubewells (TWs) in order to assess the health risks and initiate appropriate mitigation measures. This involves testing water in millions of TWs and raising community awareness about the health problems related to chronic As exposure from drinking water, and providing alternative safe water option for the exposed population of the country. The use of spatial maps in a participatory context emerged as an important tool for an effective and rational distribution of alternative safe water options for the exposed population of the country. Field test kit offers the only practical tool available to screen all the TW water considering the time frame and financial resources of the country. A comparison of the field test kit results and laboratory measurements by atomic absorption spectrometry (AAS) as “gold standard” for As in water of 12,532 TWs in Matlab upazila (sub-district) in Bangladesh, indicates that the field test kit correctly determined the status of 87% of the As levels compared to the Bangladesh Drinking Water Standard (BDWS) of 50 μg/L, and 91% of the World Health Organization (WHO) drinking water guideline value of 10 μg/L. In order to identify the sustainable alternative safe water options, different type of safe water options were distributed in Sonargaon and Jhikargachha upazilas (sub-district) in 2001 and later revisited the options in 2004 to identify the sustainable ones. It was observed that community acceptability of the distributed options was not encouraging; less than 2% of the provided options were found to be in use. However, two new approaches emerged from people’s initiatives, which were making rapid and positive contributions to safe water coverage: switching to the existing As-safe TWs and reinstalling TWs at 50-100 m depths by looking at particular type of sediment colours. A study was conducted in Matlab upazila to validate the concept of installation/reinstallation of TWs at certain depths, a new concept promoted by local drillers (masons). The study revealed that locally a thick layer of black to grey sediments overlies an oxidized unit of yellowish-grey to reddish-brown sediments. The correlation between the colour of both units and the groundwater redox conditions was investigated to provide an easy tool for targeting low-arsenic groundwater. The water abstracted from black sediments contained high amount of As concentration but the concentration decreased towards the yeallowish to red sediments. Three boreholes verified the driller's perception of the subsurface lithologic conditions. Discrepancies between the driller's and the research team description of the sediment colours were insignificant. This study shows that sediment colour is a reliable indicator of high and low As-concentrations in TW water and can be used by local drillers to install TW. Lack of financial resources and identification of an appropriate distribution tools are some of the major obstacles to provide sustainable solution to the exposed population of the country. Spatial mapping exercise along with community participation can help maximize the safe water coverage of different alternative safe water options by reducing financial involvement. Combining people’s voice with that of spatial information gave better results and the method is already been proved useful in targeting non-served areas. Participatory Rural Appraisal (PRA) methods along with geographical information system (GIS) used in the study to obtain relevant information. Participants from different focus groups were asked to determine their ‘own priorities’ for spatial planning of alternative arsenic-safe water options. The study discusses community perspectives on demand-based safe water options and reveals the suitability of using participatory geographic information system (PGIS) technique to target non-served areas for rational distribution of safe water options. / QC 20100716
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Are Colours Worth Protecting? : An Examination of Abstract Colour Marks’ Scope of ProtectionNilsson, Jennie January 2009 (has links)
In the search for companies to distinguish themselves from the mass, so called non-traditional trade marks have become increasingly popular, and in particular colour marks. It is now clear that abstract colour marks can be registered as trade marks, and the number of registered colour marks has increased considerably in recent years. However, it remains a lot more uncertain, mainly due to lack of case law, what the extent of colour marks’ scope of protection is. Are colours actually worth protecting? The purpose of this thesis is to examine the scope of protection of registered abstract colour marks from an EU perspective. Through this examination it will also be established whether colours are worth protecting. The essential function of trade marks is to indicate the origin of products. Signs that are capable of being represented graphically and capable of distinguishing goods and services from one undertaking from those of other undertakings can be registered as trade marks. Colours can fulfil these criteria in certain circumstances, however, colours can practically never have distinctive character per se. Instead, they must have acquired distinctive character through use. Since it is quite difficult to register colour marks, a colour mark proprietor should be prepared to have the validity of his trade mark challenged if he issues proceedings for infringement. There are a few national cases from EU Member States that have concerned infringement of colour marks, and in all of these the plaintiff was successful in claiming infringement. Through the decisions in these cases, general legal principles and statements made in literature, the scope of protection of colour marks has been examined. Infringement of a colour mark occurs in three different situations: where there is likelihood of confusion, where there is double identity and where there is dilution of a trade mark with a reputation. Some of the most important findings are that confusingly similar colours include adjacent shades, but in order to prove likelihood of confusion, the infringing colour must probably be perceived by the public as an indication of origin and other signs that appear together with the colour must probably be taken into account, which limits the scope of protection to some extent. However, since colour marks must almost always have acquired distinctive character through use, consumers are used to perceiving that colour as a trade mark in relation to those types of goods/services, and are therefore more likely to do so also when the colour is used by the third party. Furthermore, there have to be an individual assessment in each case in order to determine whether surrounding signs exclude a likelihood of confusion, where all factors should be considered, including the distinctiveness of the colour mark and how clear and prominent the other signs are. In situations of double identity, the infringing sign does not have to be used as a trade mark, which is advantageous for colour mark owners. Furthermore, identical colours can possibly include other shades if they are so similar that the difference is barely perceptible in a direct comparison. Colour marks can often qualify as trade marks with a reputation, since the assessment of whether trade marks have a reputation is similar to the assessment of whether trade marks have acquired distinctive character through use. Trade marks with a reputation has an extended protection meaning that if a third party uses a sign that is identical or similar to a trade mark with a reputation, and that use without due cause takes unfair advantage of, or is detrimental to, the distinctive character or repute of the trade mark, then that use constitutes infringement. This applies both in relation to identical, similar and dissimilar products, however, it will probably only apply in relation to identical or similar products when it comes to colour marks, due to the extensive use of colours in the market. The extended protection could be relevant in particular in situations where likelihood of confusion cannot be proven, because the public does not perceive the infringing sign as a trade mark or because of surrounding prominent signs. This examination shows that the scope of protection of colour marks is not great, it has some weaknesses. However, it is definitely not worthless either, which clearly shows in the fact that the plaintiffs were successful in claiming infringement in all of the infringement cases. By registering a colour as a trade mark, a company can to some extent stop others from using the same or similar colour, and it will also most likely have a discouraging effect. However, some carefulness should still be applied in relation to colour marks, since this is still a very new phenomenon and additional case law can take another direction. But considering how the situation looks today, colours are worth protecting as trade marks.
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