You can trademark a color?

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Hannah E. Chen

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Oct 3, 2012, 12:53:24 PM10/3/12
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http://www.designweek.co.uk/news/cadbury-wins-exclusive-use-of-pantone-2685c-purple/3035336.article

It only covers milk chocolate products, but still surprised me when I saw the headline.

Jeremy Baron

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Oct 3, 2012, 12:59:14 PM10/3/12
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Only if it's red, white or black. And then you can only have 3 color
trademark owners per region/vertical!

Parker Higgins

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Oct 3, 2012, 1:09:10 PM10/3/12
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Yup! It's a weird thing, made possible mostly by the TRIPS agreement. (In the US, it was confirmed in the Supreme Court case Qualitex Co v. Jacobsen: https://en.wikipedia.org/wiki/Qualitex_Co._v._Jacobson_Products_Co.,_Inc.)

Coke has a trademark on their red, and Pepsi their blue, I think.

Parker

On Wed, Oct 3, 2012 at 9:53 AM, Hannah E. Chen <hannahel...@gmail.com> wrote:
http://www.designweek.co.uk/news/cadbury-wins-exclusive-use-of-pantone-2685c-purple/3035336.article

It only covers milk chocolate products, but still surprised me when I saw the headline.

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Patrick Hammer

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Oct 3, 2012, 4:43:58 PM10/3/12
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Very intriguing
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Patrick Hammer

Pharos

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Oct 3, 2012, 5:26:04 PM10/3/12
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I think this is fairly normal, you could also probably trademark the depiction of a triangle for "use in Dairy Milk packaging" if you had a decent history with it.

Thanks,
Richard
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