Color Marks

News & Analysis as of

Is Ronald McDonald Lovin’ This Fryday?

When I recently snapped the above image of a t-shirt on display at a large retailer in the Twin Cities, it made me want to ask the same question many survey experts will ask of respondents to determine whether a likelihood of...more

Will Purple Reign, as a Color Trademark?

Today, we’re not talking about that Purple Rain, that Color Purple, or those Purple People Eaters, and we’re especially not talking today about Purple Gloves, Purple Bags, Purple Jackets, Purple Candy Wrappers, or Purple...more

Law A' La Mode - Issue 17 October 2015

The Netherlands editorial team is delighted to bring you the 17th edition of Law a` la Mode, the quarterly legal magazine produced by DLA Piper’s Fashion, Retail and Design group for clients and contacts of the firm...more

Will Starbucks Be a Closer at the USPTO?

We’ll soon see whether coffee truly goes hand in hand with closers, at least in one famous brand owner’s quest for registration of a non-verbal, non-traditional color trademark at the USPTO. I’ve been noticing Starbucks focus...more

“Black and White” Is So 2014 for EU Trademarks

Under a new Community Trade Mark (CTM) rule, trademarks filed in black and white, or greyscale, may no longer be protected if the mark is used predominantly in color. The CTM system creates a unified trademark registration...more

Single Color Mark — Functionality Does Not Necessarily Preclude Protectability

The Ninth Circuit’s recent decision in Moldex-Metric, Inc. v. McKeon Products, Inc. clarifies that even when a single color trade dress has a function, and even when the color is marketed as such, this fact alone does not...more

MarkIt to Market | March 2015

The March issue of Sterne Kessler's MarkIt to MarketTM newsletter provides 5 considerations for prioritizing your global trademark protection, identifies takeaways from a recent trade dress decision, and provides an updated...more

Will #TheDress Impact Color Trademarks?

#TheDress phenomenon is about to shape the future of color trademarks and trade dress rights. You may recall, we have written a great deal on the subject of non-traditional trademark protection of colors, especially...more

Sweating Out a COREPOWER Coexistence

Aside from my propensity for laughter, there are few things that can instantly improve my mood quite like an impromptu dance party or hot yoga sculpt. Yes, hot yoga sculpt – yoga with weights and cardio in a very hot room...more

European Community Trademarks – Why it Now Matters if They’re Black and White (or Grayscale)

Whether it’s black or white may not have mattered to Michael Jackson (at least that's how the song goes), but it does seem to matter now to the Office for Harmonization in the Internal Market (OHIM) and other trademark...more

European Union – New Practice on black and white and colour trade marks

The protection and enforceability of black and white trademarks in the European Union has been called into question. Trademark owners should review their portfolios to determine whether this change will affect their European...more

Colors, Words, and Colours: Pink with Envy

It has been nearly a year since we posed the age-old question: Does this Pink Clash with My Pink? Okay, so it’s not that old of a question. In fact, most of you (readers) may not have ever considered the inquiry....more

10 Popular Reads Covering Latest European Union Developments

Recap of popular updates covering latest developments in the European Union....more

Interior Designs: Is space the final trade mark frontier?

Sometime after I’d piloted Wagamama to victory against the awful Rajamama copycat Indian-themed restaurant, my late friend Paul O’Farrell, who was the COO, asked whether we could get additional trade mark protection by...more

"Color" Is the New "Black and White" for EU Trademarks

Previously, a logo registered in black and white was considered sufficient to protect versions of the logo in any color, but this is not necessarily true for European Union (EU) Community Trade Marks (CTM). Under the new...more

Trademark Review - Covidien and Reynolds (March 2014)

The Board Has Power to Restrict the Scope of a Color Registration - Covidien sought to register a mark that consists of “the color pink (Pantone PMS 806)” as applied to medical connectors and lead wires for use with...more

Single Color Trademark Developments

Over the past five years, we have spilled a lot of black digital ink discussing trademark ownership of single colors. Color continues to be an important aspect of branding and differentiation in a variety of markets,...more

Does this Pink clash with my Pink?

Since May of 2013, a legal battle has been brewing between two fashion industry giants: Victoria’s Secret and Thomas Pink (owned by Louis Vuitton). Below are pictures of storefronts for the two companies...more

What’s The Origin of That Source of Origin?

I always think it’s fun to look at lists of famous trademarks or summaries of what individuals perceive to be strong marks associated with various regions. My kids recently found a game online where you are provided with an...more

Trademark Review - Volume 3 | Issue 7 July 2013

In This Issue: • The Power Shifts Back to Kelly-Brown • The Color Black Is Aesthetically Functional for Floral Boxes • Louboutin’s Red Soled Shoes Keep Marching On • Multiple Fashion Retailers Can Enjoy Use...more

The (Best) Method to the Madness Behind Choosing a Company Name or Mark

The Wall Street Journal ran a print article on July 18, 2013 titled “What’s Behind Those Quirky Startup Names?” in which the author Lindsey Gellman discussed the derivation behind unique startup names such as Mibblio, Kaggle,...more

But, What About the Legal Implications of Color Selections in Brand Strategy?

Yesterday Thomson Dawson of the Blake Project published an interesting blog post on the Branding Strategy Insider called “The Importance of Color in Branding Strategy.” It is an important read for both marketing types and...more

RG3 and Common Law Trademark Rights: What You Don’t Know Can Hurt You

Following in the footsteps of many sports and entertainment celebrities, the Washington Redskins’ quarterback Robert Griffin III, through his company Thr3escompany LLC, filed a number of US trademark and service mark...more

Harley-Davidson Logo Rides Without Words

The well-known, if not famous, Harley-Davidson logo is on the left below, but what is on the right? Might Harley-Davidson also be in the business of renting storage garage units for motorcycles among other outdoor...more

Business Litigation Report -- January 2013

In This Issue: Shifting the Growing Costs of E-Discovery; Quinn Emanuel Continues the Expansion of International Arbitration Practice with the Addition of Stephen Jagusch; Aesthetic Functionality and the Use of “Color...more

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