Qualitex changed that. The Court ruled that color can function as a trademark so long as it is (1) non-functional and (2) has acquired distinctiveness—also known as “secondary meaning.” In Qualitex, ...
Did you know you could trademark a color? This video explores the concept of color trademarks, featuring the iconic blue ...
Color can be a powerful tool for brand recognition, but securing trademark protection for a color mark involves unique legal and evidentiary challenges. Recent decisions from the Federal Circuit and ...
What can brown do for you? A color can do quite a bit when it comes to embodying an organization's good will, as evidenced by the color employed for nearly a century by UPS's ubiquitous delivery ...
The use of color with other elements, such as a symbol or logo, or as part of a trade dress is well established. Prior to 1997, the courts were split on whether color alone could be a valid trademark.
From Palette to Protection: When Does Color Function as a Trademark? While companies like UPS have successfully used color as a trademark, securing trademark protection for a color can be challenging.
In its recent decision in Christian Louboutin S.A. v. Yves Saint Laurent America, Inc., the Second Circuit held there was no “per se rule that would deny protection for use of a single color as a ...
Recently, lawyers at Deutsche Telekom, the parent company of T-Mobile, threatened a small insurance company over its use of a color. T-Mobile has a trademark on Pantone Rhodamine Red U, commonly known ...
Earlier this month, a federal appeals court ruled [PDF] that the contrasting red soles on shoes from designer Christian Louboutin are sufficiently distinctive to warrant trademark protection. The ...
According to research, up to 90% of consumers’ snap judgments made about products can be based on color alone. Color also plays an important role in brand identity. Coca-Cola is red, Facebook’s blue, ...
“In most countries in Asia, any color-based trademark application will, for sure, at least at the first round, be rejected on the grounds of lacking distinctiveness.” With their creative minds, ...