There has been a long debate about the protection of positioning marks which, in recent years, have been officially introduced into EU legislation. Protection is aimed at the position occupied by an element considered distinctive. In many cases these marks were not allowed for protection because they were considered either as decorative elements, or too simple (e.g. the red stamp in the center of the Tefal pots).
Instead, Dr. Martens (shoes) has recently obtained the protection of its colour positioning mark consisting of the yellow stitching on a black profile that runs around the shoe:
By obtaining the withdrawal of shoes with such a stitching from the Van Haren retail stores.