Can You Trademark A Colour? What 7-Eleven’s Lawsuit Against Nike Means For Nigerian Brands

On 1 July 2026, 7-Eleven walked into a federal court in Texas and sued Nike – one of the biggest names in sportswear- over the colours on a shoe. Nike’s much-hyped Air Max 95 “Big Bubble” runs orange, green and red stripes down its side, and 7-Eleven says that is no accident: those are the colours of its “Tri-Color Mark,” splashed across its storefronts since at least 1987 and protected by several federal trademark registrations. Nike even timed the release for 11 July – the chains own “7-Eleven Day.” The internet reacted the way it usually does, and the loudest verdict was some version of “you can’t trademark colours, everybody uses orange, green and red.” It is a reasonable-sounding argument. But it is also wrong, and Nigerian law, after a quiet but important change in 2022, now sits closer to the American position than most business owners here realise. So, can you actually trademark a colour, and what does that mean for brands in Nigeria?

Let’s break down the details and highlight a surprising perspective from Nigerian law.

The Case against Nike

Colour is only part of 7-Eleven’s case. According to their complaint, Nike printed a graphic depicting convenience store shelves on the insole, marketed the shoe as ideal for “strolling down to the corner store for a quick snack,” and deliberately chose July 11 as the launch date. Resale listings quickly labelled it “the 7-Eleven shoe.” 7-Eleven claims it attempted to resolve the issue privately before resorting to legal action.

Interestingly, there is history here between the parties as well. The two companies previously collaborated on an official 7-Eleven x Nike SB Dunk project during the lead-up to the 2020 Tokyo Olympics, which ultimately fell through. Thus, 7-Eleven argues that Nike was aware of their brand and the significance of their colours but proceeded anyway. This is reflected in the complaint’s use of terms such as “deliberate,” “willful,” and “malicious.”

Notwithstanding, Nike has quietly removed the sneaker from its SNKRS app. In a twist characteristic of sneaker culture, the lawsuit has unexpectedly caused resale prices to soar, with remaining pairs now fetching double their original value.

Can Colours Be Trademarked?

Yes, colours can indeed be trademarked, though the criteria are rigid. It is important to understand that while no one can claim ownership over a colour in the abstract – Coca-Cola cannot stop you from painting your house red – trademark law does protect specific colours or combinations when they are associated with particular goods or services and recognisable as identifying a single source.

Examples include Tiffany’s iconic robin-egg blue box, Cadbury’s signature purple packaging, and Christian Louboutin’s red soles, a mark Louboutin successfully defended against Yves Saint Laurent in a well-known US case. The U.S. Supreme Court established this principle in Qualitex v. Jacobson (1995), affirming that a colour can be trademarked once it achieves what lawyers term “secondary meaning.” 

The framework requires two essential conditions. First, there must be secondary meaning: consumers should instinctively associate that specific colour, within that context, with one brand, typically demonstrated through years of use, substantial advertising, and consumer surveys. Second, the colour must be non-functional, meaning it cannot serve a practical purpose that competitors require, like red on a fire extinguisher.

This is where the “everyone uses orange” argument falls short. 7-Eleven is not claiming ownership of the colour orange; they are asserting rights over a unique combination –specifically, orange, green, and red stripes arranged in a specific sequence, used exclusively and famously for nearly four decades. While a single colour may be commonplace, a consistent, decades-long combination becomes a distinctive signature. The question of whether this signature was infringed upon by the shoe is what the Texas court will need to decide. Nike, in turn, will likely argue that sneaker culture thrives on unofficial “homage” colourways, setting up a genuinely intriguing legal battle.

A Surprising Twist in Nigerian Law

Here is a fact that many Nigerian business owners might not know: until recently, Nigerian law did not explicitly recognise colour trademarks. The Trade Marks Act (Cap T13, LFN 2004) defined a “mark” in Section 67 as a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or a combination thereof, but colour was notably absent. Brands found partial workarounds by registering marks in colour, though a colour combination on its own remained in a grey area.

However, a significant change occurred with the Business Facilitation (Miscellaneous Provisions) Act of 2022. This legislation amended Section 67 to expressly include colour marks, the shapes of goods, packaging, and combinations of colours as registrable trademarks. This means that what 7-Eleven is pursuing in Texas is now, at least on paper, accessible to Nigerian brands.

Nigerian courts have already gone down this road. In Duracell Batteries BVBA v Mczen, the Federal High Court recognised proprietary rights in the shapes and colours of goods – the familiar copper-and-black Duracell get-up, and treated imitation of that colour scheme as infringement and passing off.

The process for trademark registration follows familiar procedures. Registrations are submitted to the Trademarks Registry under Section 18, requiring distinctiveness according to Sections 9 and 10. Successful registration grants exclusive rights, with any infringement disputes addressed by the Federal High Court – this court has exclusive jurisdiction over trademark issues, as established in Section 251(1) (f) of the 1999 Constitution. Additionally, even unregistered brand identities are protected under Section 3 of the Act, ensuring that they are not left vulnerable. As 7-Eleven’s lawsuit unfolds, it sheds light on a broader landscape in trademark law, one that is evolving to adapt to the complexities of branding in the modern marketplace.

What This Means for Your Business

Whether you operate a fintech company, a fashion label, or a restaurant chain, this case offers three valuable lessons. 

1. Treat Your Visual Identity as an Asset: Your brand’s visual identity is a vital asset, so it is essential to register it, use it consistently, and document that use.
2. Understand Legal Risks: Proximity to a well-known brand’s look can expose you to legal risks. Using phrases like “inspired by” does not serve as a valid defence under the Trade Marks Act.
3. Enforce Your Rights Early: The case involving 7-Eleven illustrates the importance of acting quickly. Their complaint highlights their attempts to resolve the issue quietly first. Remember, silence in trademark law can be interpreted as surrender.

So, does 7-Eleven have a solid case? Based on the facts, they appear to have a stronger argument than the internet anticipates. It will likely come down to one straightforward question: when you see orange-green-red stripes on a sneaker launching on 11 July, whose brand comes to mind?

If you are looking to register your trademark, protect your brand colours or trade dress, or suspect someone is capitalising on your brand’s reputation, OAL’s Intellectual Property team is here to help. We specialise in trademark registration, opposition, enforcement, and brand protection strategies across Nigeria. Contact us today.

Frequently Asked Questions

Can I Trademark a Colour in Nigeria? 

Yes, you can! The Business Facilitation Act 2022 has amended Section 67 of the Trade Marks Act, allowing for the registration of colour marks and colour combinations. However, you must demonstrate that the colour uniquely identifies your brand.

Can Someone Use My Brand Colours If My Trademark Is Not Registered?

While registration provides the strongest protection, Section 3 of the Trade Marks Act safeguards against passing off. This can offer protection for the goodwill of your unregistered brand identity if consumers are likely to be misled.

Which Court Handles Trademark Disputes in Nigeria?

Trademark matters fall under the jurisdiction of the Federal High Court, as outlined in Section 251(1) (f) of the 1999 Constitution.

How Long Does Trademark Registration Last in Nigeria?

A trademark registration initially lasts for seven years and can be renewed every fourteen years indefinitely.

Feel free to reach out for more insights or assistance with your trademark needs!