top | item 2882730

Can You Trademark a Color?

56 points| dean | 14 years ago |freakonomics.com | reply

31 comments

order
[+] tzs|14 years ago|reply
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-...
[+] wisty|14 years ago|reply
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.

[+] halo|14 years ago|reply
I wish people would read the article before commenting. This precise example is discussed in the article.
[+] georgemcbay|14 years ago|reply
The article mentioned that as an example specifically, why call it out here?

The article also details why that case is different from the one the article is about.

[+] callmeed|14 years ago|reply
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).
[+] colanderman|14 years ago|reply
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.
[+] hm2k|14 years ago|reply
"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

[+] _Mark|14 years ago|reply
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?

[+] stretchwithme|14 years ago|reply
I would say no. How is a color original when stars have been making it for eons?
[+] nickmain|14 years ago|reply
Originality only applies to patents.
[+] zalthor|14 years ago|reply
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.
[+] atacrawl|14 years ago|reply
"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.

[+] tobylane|14 years ago|reply
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.
[+] colanderman|14 years ago|reply
Read the article. This is almost exactly how the US trademark system works.
[+] iwwr|14 years ago|reply
Is it a (hyper)intelligent shade of the color blue?
[+] maeon3|14 years ago|reply
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.
[+] hackermom|14 years ago|reply
I don't like your attitude, Sir - I think I'm going to patent it.