Tuesday, February 12, 2013

"Trademark protection in color"

In a post on Feb. 7, 2013 titled Be careful when you color my world, Petula , Richard Bingler talks about color trademarks, and even mentions the Qualitex case.

Within, one has text

That covers the primary colors a bit, but your education in colors as trademarks doesn't end there. The universities of Texas and North Carolina have their own colors too. For UT, it's burnt orange and white, with the orange otherwise known as Pantone Color #159. And for UNC, it's "Carolina Blue and White," with the blue otherwise known as Pantone Color #278.

And, yes, one might review the statement: Eight years ago, in Qualitex Co. v. Jacobson Products Co., the U.S. Supreme Court ruled that individual colors can be trademarked if they indicate, in consumers' minds, the source of the goods or services they're connected with, which is known as "secondary meaning." Hmmm, 2013 - 8 is 2005. Are there any editors or fact checkers at Bloomberg BNA??

Bingler might want to review Trademark Protection in Color: Do It by the Numbers , 84 Trademark Rep. 379 (1994).

Separately, for the date of the Qualitex decision: 85 Trademark Rep. 100 (1995)


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