Color Me a Trademark

by T+B Blog Team on August 10, 2010

Many brands use color to ensure that their products are instantly recognizable in a crowded marketplace. Companies often sue to prevent competitors from using the same color on a similar product. Until the mid-1990s, most of these companies lost their battles. In 1995, however, the Supreme Court held that color could meet the legal requirement for trademark registration in Qualitex Co. v. Jacobson Products Co. Inc. Qualitex successfully blocked its competitor, Jacobson Products, from manufacturing its dry-cleaning pads in the same greenish-gold color that Qualitex had been using. Since then, many brands have received trademark protection for the color of their products.

One such brand is the famous red-lacquered sole of Christian Louboutin shoes:

The French designer began incorporating the red-lacquered sole in 1992 and registered it with the USPTO in 2008.

Here’s the Corsearch Advantage: Screening Federal record:

Owens Corning’s pink insulation is another product that has received trademark protection for its color:

Also registered are both the UPS brown uniforms and “What Can Brown Do For You?” tagline, along with Astra-Zeneca’s “purple pill” Nexium and Tiffany’s blue boxes.

Are there any other brands you instantly recognize because of color?

{ 1 comment… read it below or add one }

Lindsey August 10, 2010 at 2:19 pm

How interesting! I never thought color would mean so much! I recognize McDonald’s right away with its “golden” arches.

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