

Can You Trademark a Color? - dean
http://www.freakonomics.com/2011/08/12/can-you-trademark-a-color/

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ltamake
Anyone remember that time T-Mobile tried to get Engadget Mobile to change
their colours?

[http://www.engadget.com/2008/03/31/deutsche-telekom-t-
mobile...](http://www.engadget.com/2008/03/31/deutsche-telekom-t-mobile-
demands-engadget-mobile-discontinue/)
[http://www.engadget.com/2008/04/01/painting-the-town-
magenta...](http://www.engadget.com/2008/04/01/painting-the-town-magenta/)

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zachrose
See also: <http://en.wikipedia.org/wiki/International_Klein_Blue>

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intlkleinblue
I'd be careful. That wiki mentions nothing about me being trademarked
(although it did before) and has suspect sources cited at the bottom. The IP
status of Intl Klein Blue is not very clear from my personal research into the
matter.

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LearnYouALisp
Created 117 days ago!

o_o

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intlkleinblue
This is not a novelty account.

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zachrose
Wow. Email me? zachrose@gmail.com

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tzs
Yes. See the case of In re Owens-Corning Fiberglas Corp., 774 F.2d 1116 (Fed.
Cir. 1985). Here's a copy of the decision:
[http://ftp.resource.org/courts.gov/c/F2/774/774.F2d.1116.84-...](http://ftp.resource.org/courts.gov/c/F2/774/774.F2d.1116.84-1416.html)

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wisty
The difference being, coloring fiberglass insulation serves to identify its
brand, and _serves no other purpose_.

Red soled shoes are arguably better looking, which is a functional purpose of
shoes. So you shouldn't be able to trademark them. Trademarks should only
prevent people passing off goods as yours, not copying your function.

Similarly, Apple shouldn't be able to trademark Aluminium notebooks, or single
button phones, as they have a functional purpose.

Of course, their is a question as to whether aesthetics is a function, and
whether restrictions on aesthetics will limit the function of competitors'
offerings. In fiberglass insulation, I doubt it. High-heels, maybe.

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delinka
I'd have argued that the red soles were indeed intended to be for
identification only. Anything else is a function of people's perceptions (e.g.
beauty is in the eye of the beholder.)

Lest we argue that red soles are aesthetically functional as well, regardless
of the designer's intent, let's consider the possible repercussions of pink
insulation when applied inside transparent walls. Or perhaps the calming
effect the color has on installers. Now, the pink is functional. Does that
make it less able to be protected?

I really think it goes back to the intent of the creator/designer/architect of
the product. The designer of the shoes seems to have argued the aesthetic
qualities of the color on the sole and therefore nullified his ability to
claim the use of color was not "functional." If he'd held out with the
argument that his intent was identity, he may have won.

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callmeed
When I worked at UPS, they told us the company had a trademark on "Pullman
Brown". Not sure if that's actually true or not (can't find reliable info with
a quick search).

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colanderman
It is true according to my IP instructor. UPS has a trademark on the color in
the context of delivery services, it being strongly associated with their
brand.

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nmcfarl
According to this article YSL made a pair of completely red heel, top and
bottom, which is what landed them in this lawsuit.
[http://www.inquisitr.com/133848/louboutin-battle-yves-
saint-...](http://www.inquisitr.com/133848/louboutin-battle-yves-saint-
laurent-red-soles/)

This use of red seems very different from contrasting soles - and having a
trademark that blocks red high heels seems a bit overreaching to me.

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hm2k
"lastminute.com", "lastminute" and the colour magenta are all trade marks
owned by Last Minute Network Limited and/or its group companies.

The T-MOBILE acoustic logo, and the color magenta are registered and/or
unregistered trademarks of Deutsche Telekom AG in the US and/or other
countries

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_Mark
On the Australian ANZ Bank page : <http://www.anz.com.au>

The footer contains the text "ANZ's colour blue is a trade mark of ANZ."

The actual web site contains multiple blues, so I am wondering which exact one
they have trademarked?

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stretchwithme
I would say no. How is a color original when stars have been making it for
eons?

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nickmain
Originality only applies to patents.

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zalthor
I remember Cadbury (the chocolate company) tried to trademark the color
purple. I think they failed at it because “purple” apparently wasn't a clear
and concise description of the trademark.

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atacrawl
"Color Pink® and Pink Nitrile® are registered Trademarks of Colur World, LLC."

You can find that disclaimer on any site containing mentions of pink nitrile
gloves for use in hospitals.

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tobylane
You shouldn't be able to trademark colours, but a specific colour on a
specific area of a specific item (red soled shoes), that others copy purely so
customers are confused about the brand image, does sound more like what is
needed.

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colanderman
Read the article. This is almost exactly how the US trademark system works.

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iwwr
Is it a (hyper)intelligent shade of the color blue?

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hackermom
Pantone seems to think you can:
<http://en.wikipedia.org/wiki/Pantone#Intellectual_property>

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nickmain
It looks like they are asserting copyright, not trademarks.

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maeon3
Yes you should be able to trademark colors. Also, people should be allowed to
trademark specific tones, like middle 'C' on the piano. I bought that one, you
can't use it.

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colanderman
You think you're being clever and sarcastic:
<http://en.wikipedia.org/wiki/NBC_chimes>

