Can you trademark a color?

[gigastrike]

I think they mean they own any symbol which has both a shield and the color brown in it.

If I'm wrong, I call any color named after a flower just so that I can annoy all those paint companies.

 

[Kirra]

Sure they can, i have owned green for years.

 

[Shapsters]

DIBS ON RED!!!!!!

dammit, uh, I CALL ORANGE!!

 

[IxionIndustries]

I officially own the color Teal. If any of you use it on a drawing, including kindergardeners, I will sue you for big bucks.

 

[CaptainSpoon]

The color brown is actually a trademark that they use, so long as it is still used for the purposes of a trademark they can copyright it. In cases where it is not being used as a trademark it does not have any legal precedent.

 

[-Orgasmatron-]

Ferrari have.

 

[fix-the-spade]

In that case it probably means the use of a brown shield shape as a logo.

You can't trademark a colour per se, but you can trademark it's use in a specific context. It's the same reason you don't see lot's of blue oval shaped car manufacturer's logos. You'll also never see a car in 'Ferrari Red', not even a Ferrari (they call it Maranello Red iIRC), it might be the same colour on the RAL scale, but you can't call it Ferrari Red.

Anyway.
If I could trademark a colour, it would be Heliotrope. The colour itself isn't fantastic, but the name is pure awesome.

 

[gigastrike]

The color brown is actually a trademark that they use, so long as it is still used for the purposes of a trademark they can copyright it. In cases where it is not being used as a trademark it does not have any legal precedent.

I...guess that makes sense?

(I get it.)

 

[JoshasorousRex]

I trade mark the phrase "your mum" or "your mom" in any way used

 

[Lazzi]

They dont literly mean the color.

"the color brown" is what some people actully call them. They ar simply keeping other corperations from using that slogan.

 

[Eskay]

I recently purchased a geiger counter off of ebay, and I noticed something in the fine print from UPS: "UPS, the UPS Shield trademark and the color brown are trademarks of United Parcel Service of America, Inc. All rights reserved."

Now, this may just be me having a 'blonde moment' (which would be strange, because my hair is brown, but I digress) but can you trademark a color?

And just to generate some more descussion: If you could trademark a color, which color, and why/why not?

Trademarks are not the same thing as copyrights to clarify. Trademarks only prevent use with regards to that particular trade. So if you were in the delivery parcel service you couldn't use that colour as a part of your mark. Doesn't cover the colour for anything else.

But I don't know the details of the US law on this.

 

[TenthRegeneration]

DIBS ON RED!!!!!!

dammit, uh, I CALL ORANGE!!

Orange was taken for being snazzy.

You can have Badazz (it's kinda orangish) or Sparta (a redish color made from redish ants named Spartains).

 

[Shapsters]

DIBS ON RED!!!!!!

dammit, uh, I CALL ORANGE!!

Orange was taken for being snazzy.

You can have Badazz (it's kinda orangish) or Sparta (a redish color made from redish ants named Spartains).

Ok, I guess I'll take Sparta. Then I can colour stuff and say, "THIS IS SPARTA!!!"

 

[Onyx Oblivion]

RED(TM)

Yes. Yes, you can.

 

[Therumancer]

I haven't seen this other than it being mentioned here, but it could be an attempt to try and force other delivery services to not use brown packing material so it would be instantly recognized as UPS. This in comparison to say the blue and white traditionally used by the post office in their official packaging.

It's also possible they they are trademarking the words "The Colour Brown" in a specific context, related to either an advertising campaign from years ago, or one they intend to run. Similar to how companies can copyright a catch phrase. The copyright ultimatly letting them go after people using the catch phrase to try and impersonate them, or spread bad information about them.

Hard to say, people can be very stupid.

For example TSR once tried to copyright the word "Nazi". This was made famous in the old "Murphy's Rules" spoof book (serious geek humor for gaming geeks before it was popular). This however was later defended as TSR simply trying to copyright the specific image of a nazi on a cardboard cutout (ie the art is theirs). This one has been around for a while and has gotten so muddled with the back and forth that's it's impossible to tell if they were honest about the intent, or trying to cover their tracks after someone talked them into doing something truely stupid. Given that TSR no longer exists for all intents and purposes (all it's properties owned by WoTC which is owned by Hasbro) it's a moot point.

 

[hopeneverdies]

Coca-Cola patented Coca-Cola red so that no one else could use it.
Sorry if I was ninja'd

 

[Twilight_guy]

Yes, you trademark a specific shade of color if it is something that people associate with your business (like that brown color and UPS). So I can't start a delivery company and use the color brown as my main staple as well because UPS trademarked it. This protects the consumer from confusion and similar looking rival businesses.

 

[chinlamp]

Just for all the people who said purple, the cadbury chocolate company in Australia has this on all it's products: "The name Cadbury and the colour purple are copyrighted trademarks of the Cadbury Schweppes Company."

 

[Nmil-ek]

I would just like to inform you all that you are in breach of the copyright on words I am now in possesion of please feel free to send money in the mail.