During the lawsuit AJAX invokes its colour marks, a square containing a red stripe and a T-shirt with a red stripe.
The judge ruled first that the colour marks are not valid. It is not exactly clear what colour is claimed. In the past a simple colour box used to be enough, but not anymore. Now the registration needs to be more specific. A PMS colour code is most certainly a requirement. The claim based on the colour marks is rejected. Fortunately, for AJAX their subsidiary claim based on unlawful act was successful. The items were presented in such a way that the consumer may believe they were official AJAX merchandise.