Bifalgorithm post · Property · (”Strong”
Color Standards
Color Standards (Property · (”Strong”) — "marks, with greater secondary meaning, receive broader protection than “weak” marks). We do not see why courts could…
Ideas in this flowchart
- Trademark protection standards can be applied to color marks.
- Marks with greater secondary meaning receive broader protection than weak marks.
- Courts could apply those standards to a color.
- Lighting conditions under which the colored product is normally sold may be replicated.
- Existing decisions support applying these standards when a trademark combines color with a design.
- Ebert discusses applying trademark protection standards to color by using numerical methods.
- A gold stripe around a sewer pipe was treated as a color-and-design trademark.
- A yellow strand of wire rope was treated as a color-and-design trademark.
- A brilliant yellow band on ampules was treated as a color-and-design trademark.
