I think that is the ideal tradeoff---the logo lets a consumer know what they are buying, but you should still be allowed to buy cheap products that look stylish...
The court says yes: http://www.androidpolice.com/2014/02/08/t-mobile-wins-lawsui...
Why would this be different? Using a known, good name brand like Fluke or T-Mobile... and diluting it's name by making confusing, derivative and lesser products.
Using the color yellow shouldn't be off limits... but using yellow (or magenta) to confuse consumers should be.
Industrial design usually won't qualify because it's functional. The color comes from the use of aluminum, aluminum is used for its structural properties, particular colors have more aesthetic value in the market, etc. Trade dress has to be more specific, not functional, and arbitrary.
A classic example is pink for Owens-Corning insulation. It's a totally arbitrary color choice for a product where aesthetics doesn't factor into buyers' choices, and had become strongly associated in the public with Owens-Corning's brand. If there was a functional reason for the pink color, or it was a situation where people would prefer a certain color for aesthetic reasons, the design choice wouldn't have been eligible for protection.
[1] http://www.cafepress.com/mf/34611212/enjoy-capitalism_tshirt...
In the case of the Macbooks vs Dell XPS ultrabooks you could argue that what makes people recognize a Macbook is as much the glowing white apple logo as the aluminum case so people are not being fooled when they see a Dell XPS into thinking it's a Macbook.
Similarly, people don't immediately assume that a sport car painted red is a Ferrari. But if they were to see a car with a Ferrari logo (regardless of its color) they would most certainly assume that it's a Ferrari.
In short, it's my understanding that trademarks are by definition somewhat subjective. However I believe that the intention is a good one, as it protects as much customers than brands.
Fluke is not the first one to use the color scheme they were just the first to apply for a patent on it.
Even if they were they didn't enforce it until now so it became the general color scheme of all multimeters not just Fluke multimeters.
https://www.google.com/search?q=multimeter&safe=on&client=fi...
Most of the ones that look like a Fluke are indeed a Fluke.
[1] http://www.amazon.co.uk/s/ref=nb_sb_noss_2?url=search-alias%...
In any case, I don't think I'm qualified to have an opinion in the case being discussed here. Both because my understanding of trademark law is just a very general sense of what it is supposed to stand for and because I have absolutely no notion of what are the multimeter brands out there and what their designs look like.
For what it's worth, all the multimeters I recall using at school were either all yellow or all black and I have the feeling they were always the same brand although I don't remember what that was (I studied in Europe)
In the case of a durable tool, like a multimeter, the industrial design serves the same purpose packaging does for normal consumer goods.
Let me turn the question around: "Should you really be allowed to trademark your packaging?"
I think in the case of Apple, they iterate so often on basic laptop design that having trademarked trade dress around a laptop would be counter-productive. They always want their devices to be thinner and lighter, and that requires fundamental changes to the design (wedge shapes, unibody, etc)
With the Dell laptop, what really makes it look like Apple? It's silver and thin. There are literally dozens of vendors shipping thin, silver devices.
Yeah… nah
Lots and lots of not-yellow multimeters, and the dark-with-yellow-surround ones do generally seems to be Flukes.
But not quite all. There are some exceptions here: http://www.eevblog.com/forum/chat/show-your-multimeter!/315/ but I think they may all be recent enough to postdate Fluke's trademark (which I think was granted in 2003).
Maybe they did invent that scheme and everyone copied them, but if so, they're not enforcing it in the UK.
a) That's in the UK where Fluke doesn't have the same protections.
b) Those are newer, cheap, meters aping the design of Flukes, for that search to mean anything it should look back before Fluke's popularity or at least before they started using the current trademarked design.
c) Past just the first page the split gets much more even.
Your claim that they're "aping the design of Flukes" is unsupported. I haven't seen any evidence that Fluke invented that design or colour scheme, rather than it becoming a fairly common format for multimeters and then Fluke deciding to copyright the design.
A lot of older multimeters look like this: http://www.eevblog.com/forum/chat/show-your-multimeter!/540/ or something similar at least once handheld meters with multiple modes started to become an actual item. That whole thread is a decent cross section of multimeters, though it's skewed towards nice older meters as opposed to lower grade meters.
Most people glancing at it are going to see a multimeter, not a fluke. They would look for some kind of Fluke branding, and a yellow bezel with grey front plate is not that, for signs of flukeness.
Especially in the red sparkfun card it is pretty clear that these are not fluke. I find it hard to understand that anyone would think this is a fluke device with even cursory inspection.
Edit: your google images link is interesting. It shows some fluke devices being in red, not yellow, cases / bezels.
Removing the word fluke from the search terms returns many devices that are either all yellow, or all grey, with a few other colours, and some that are grey in a yellow case. Many of the grey and yellow devices are not fluke devices.
It'd be interesting to see how many devices were using dark grey in yellow before 2000.
The yellow/grey contrast is a recent development, and it would surprise me very much if it weren't a deliberate attempt to knock off Fluke.
https://www.google.com/search?q=multimeter&safe=active&sourc...
It's not protecting the use of yellow, which is why the pure yellow devices exist.
http://tsdr.uspto.gov/documentviewer?caseId=sn75934005&docId...
1) Multimeters can be made for $10 or $15, but Fluke continues to dominate the market with equivalent meters costing 10x more. And don't tell me that these basic multimeters incur significant R&D costs.
"Guilt should be determined in retrospect based on material gain." -- The gold standard for judging extremely powerful companies.
That's a totally different "crime" if you want to call it that. Has nothing to do with whether a company has the right to trademark a particular design which in this case they apparently do.
The fact that Fluke can sell $150 multi-meters when they can be made for $15 is because of the substantial value people attach to branding. $100 Ralph Lauren jeans are made for $10 in Vietnam or wherever, and the only piece of that product protected by trademark is the little RL label (fashion designs cannot be protected). But that's all it takes.
Is it then impossible to sell a product because it would always interfere with someone else's color?
BTW, I agree with other EEs, the Sparkfun meter is not "really great high-quality" as they claim. It will suffice for hobby use, but Fluke's markup is based on having additional quality, not brand recognition.
1) You can't just apply to protect an arbitrary color. You need to show secondary meaning (i.e. the market associates the color in a certain context with your brand). It is unlikely for that to happen with more than one brand in a particular space.
2) The color can't be functional and can't affect the quality or value of the product. So Apple can't trademark aluminum-colored laptops, nor can you trademark yellow or orange traffic cones.
3) With respect to running out of colors, that issue is addressed on pages 168-169. The gist of the argument is that if people "use up" the high-contrast color schemes, than not being able to use some mark will put competitors at a functional disadvantage, which will invoke the functionality bar mentioned in (2), invalidating the other color marks.
Lets imagine the outcome of two theoretically unrelated possibilities:
1) For safety reasons someone (who?) has purchased an OSHA regulation which now requires that all electricians use high contrast yellow multimeters, yellow indicating their, uh, safety-ness or something.
2) Fluke has paid the .gov to be the only legal yellow multimeter supplier.
I know #2 is true. I suspect but have no evidence #1 is true.
What a pointless thing to enter into your widely connected information appliance. If you think it is true and has some merit as an idea, spend the couple minutes to actually inform us, alternatively just don't bother telling us what you think might be true.
I've been through any number of cheap multimeters over the years and finally broke down and bought a Fluke. It's been absolutely solid. Worth it.
You've obviously never done any serious electrical or electronics work then. The reason they're so expensive is four reasons:
1. Mains and high voltage work. If you're working with high voltages or massively different potentials, Fluke actually design the boards and isolation circuitry properly. You're not going to get electrocuted by a Fluke meter. It doesn't even take a high voltage, just a bad earth to kill you. Cheap multimeters and even mid range ones tend to ignore this fact in favour of cost.
2. Explosion resistance. If you stick your cheap multimeter in resistance mode and whack ot across a 400v 30A supply its going to blow your hand off. No joke. Fluke - dead meter by design or absolutely nothing and it still carries on working.
3. Reliability. I have a 1989 Fluke 87 that cost me a small fortune. It works fine today, still handles calibration perfectly and is pin sharp and accurate. Other vendors fall to bits, drop out of calibration ranges and pack in completely. I know because I have three meters at any time and the only ones that survive are flukes.
4. They have lesser effect on the circuit you are measuring because the input stage is better designed.
So you're merely putting your life in the hands of a $10 meter.
My current fluke cost me £435 and it was worth every damn penny
Edit: adding some more as I'm not posting this from my phone now:
5. Cheap meters can't do true RMS measurements.
6. Cheap meters have probes without correct insulation.
7. Cheap meters have probes which fall to bits and expose the conductors.
8. Cheap meters have less probe/connection options which are required for more than just passive metering.
9. Cheap meters can't be calibrated at all by calibration services as there is nothing other than a single master voltage reference inside which is usually not a constant current or voltage source but a resistor/voltage divider across the reference voltage. This can drift as batteries drain for example.
10. Decent meters have a better count i.e. 0.00000 vs 0.00 on the displays.
I could go on forever at why a $10 meter is a joke.
My first Fluke multimeter was a hand-me-down from my father, and he had made it clear how it was a better instrument. At the time, there were no "Fluke yellow" instruments on the market. They were generally considered ugly.
Fast forward through the 1990s and I'm in a builders supply shop looking at meters. I grab what I thought was a Fluke, got home, and only then realised I had a cheap knockoff. Yes, my fault for not reading, but a large number of second generation tool users have been raised to invest in the products of a few companies that have maintained solid reputations.
From what I can tell, in the time period you're talking about even Fluke meters weren't "Fluke yellow" though - e.g. http://www.stevenjohnson.com/pics/why-i-buy-flukessm.jpg
They definitely used yellow and black in the mid-to-late 1980s, primarily on "ruggedized" field gear. Bench gear tended to look pretty much like most bench gear, as far as I can recall.
For some reason it was that detail and sensitivity that made me realize just how precisely made meters like that are. Thankfully it was just a $7 fuse to fix it.
Also maybe there are some other issues at play with precision, calibration and/or taking higher voltages/amperage? Or just not blowing up if you try to measure the wrong circuit with way too much power?
Depends what you mean "dominate the market", I guess: go to Amazon or Radio Shack, and most of the multimeters are the cheap and non-Fluke.
Also: Fluke does certainly charge a premium, but they are also not equivalent to the $10 meter. Fluke uses higher-quality (and thus more expensive) components, and it definitely costs them more than $15 to manufacture. This affects the actual electronics to the case to the probes to the buttons.
If you use your meter to measure your batteries and the occasional resistor, you probably don't care. But if you use the meter often, you may start to notice the difference, and that's why people are willing to pay that higher price--it really is worth it to some.