Can You Trademark a Color?
freakonomics.com
freakonomics.com
http://www.engadget.com/2008/03/31/deutsche-telekom-t-mobile... http://www.engadget.com/2008/04/01/painting-the-town-magenta...
o_o
edit: could the down voters please explain yourselves? Am I wrong in assuming that some people would like to read the actual case mentioned in the article, instead of just a couple sentences about it?
"If anyone is interested in the case mentioned in the article, here is a link to the full-text decision. [link]
Because the colour used in that trade mark was purely for the purpose of identifying the product and had no practical or aesthetic purpose, the court held that the colour could not be used by competitors."
The article also details why that case is different from the one the article is about.
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.
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.
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.
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
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?
You can find that disclaimer on any site containing mentions of pink nitrile gloves for use in hospitals.