Rules for Protecting Your Brands Color, in Black and White

This is very interesting, and if you work in advertising the “color” and “font” question comes up very often when creating logo’s in particular.  The author goes on to provide this information:

“A number of companies have tried to protect single colors, with mixed results. Good Humor failed to protect the color white for its trucks and uniforms. Brunswick could not own the color black for outboard engines, and Pepto-Bismol couldn’t get pink. On the other hand, UPS has protected brown for its trucks and uniforms. Tiffany owns “robin’s egg blue” for its boxes and bags, and 3M “canary yellow” for its adhesive notes.”

See the full article for “Tips for Advertisers Wanting to Promote a Single-Color Brand.”

Rules for Protecting Your Brands Color, in Black and White

By: Robert Zelnick

A single word or logo conveys powerful brand messaging in an efficient, uncluttered way. Likewise, with careful advertising strategy and execution, a single color can itself be a compelling brand.

Most everyone is familiar with the red-soled high heels sold by Christian Louboutin. Many also know about the designers legal battle with Yves Saint Laurents competing pump, which is entirely red, including the sole. YSL disputes that Mr. Louboutin has an exclusive right to the color red.

Last year, a New York federal court found that he was unlikely to prevail against YSL. Mr. Louboutin appealed to a U.S. Court of Appeals, where soon a decision is expected that will offer additional guidance on whether and how a single color can serve as a brand, particularly in fashion.

Until the 1980s, U.S. law refused to recognize a single color as a brand color combinations, however, had long been protectable. The principal reasons were “color depletion,” in the sense that there are a finite number of colors, which might not permit every competitor to own “their color”; and “shade confusion,” referring to the difficulties courts would face in determining whether use of one shade of a primary color infringed anothers shade.

Continues at :  Rules for Protecting Your Brands Color, in Black and White | Guest Columnists – Advertising Age.

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