Can you trademark a color?

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Ancalagon

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According to this:

http://www.lahserpatent.com/blog/tm-ups-brown-gone-bad/

You can trademark a colour, but you need to prove that the public uses that colour to identify your goods and services already.
 

Inverse Skies

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Well I suppose you can trade mark anything. A US pharmacuetical company trademarked the name 'adrenaline' (which is a hormone released from the adrenal glands of the body) which forced the US to be the only western english speaking nation to have to call it epinephrine so they weren't infringing on copyright. I suppose if that can happen you can trademark a colour as well.
 

TenthRegeneration

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Inverse Skies said:
Well I suppose you can trade mark anything. A US pharmacuetical company trademarked the name 'adrenaline' (which is a hormone released from the adrenal glands of the body) which forced the US to be the only western english speaking nation to have to call it epinephrine so they weren't infringing on copyright. I suppose if that can happen you can trademark a colour as well.
Link?

If they really did that, then that is amazing (amazingly evil, yet still amazing).
 

Random Argument Man

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TenthRegeneration said:
Random argument man said:
I got Forrest Opal. It's mine forever.
Dammit! That's what I wanted!

No, but really.

What kind of color is that? Kinda green? Kinda blue?
Somewhere in that. Can't really describe it. You'll only want to steal it away from me.
 

TenthRegeneration

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Random argument man said:
Somewhere in that. Can't really describe it. You'll only want to steal it away from me.
[/under breath] He knows about the plan!

[/normal voice] Fine...then I'll have...Forrest...Opall? It's totally different. It's got two LLs. Totally different color.
 

Random Argument Man

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TenthRegeneration said:
Random argument man said:
Somewhere in that. Can't really describe it. You'll only want to steal it away from me.
[/under breath] He knows about the plan!

[/normal voice] Fine...then I'll have...Forrest...Opall? It's totally different. It's got two LLs. Totally different color.
Now now, don't try to ***** with me. Or else I'll send Samuel L. Jackson. http://www.youtube.com/watch?v=czb4jn5y94g
 

TenthRegeneration

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Random argument man said:
Now now, don't try to ***** with me. Or else I'll send Samuel L. Jackson. http://www.youtube.com/watch?v=czb4jn5y94g
I counter your Jackson with my Tarantino!

Tarantino, I choose you! http://www.youtube.com/watch?v=b_vbvRbBtUI

Then I take Forrest Opall. ^_^
 

oktalist

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Related: you can patent a strand of DNA or a whole genome. It can even be naturally-occurring.

Anyway this reminds me of when T-Mobile claimed they had a trademark on the colour purple.

No-one seems to understand what a trademark is here. It's being used interchangeably with copyright and patent. Like this guy:

forever saturday said:
My guess is that you can't trademark a colour in the same way you can't trademark water. Its something that appears naturally, you didn't make it. Now if its, say, a special colour of ink or paint or something that you can only get by one way, then you could trademark the process by which you make the ink/paint/etc. But the colour, no.
You can't trademark a process. You can patent a device or mechanism involved in the process.

Also as has been shown, you can trademark a colour. As with any trademark, it has to be something that identifies your brand or product, and other traders may only be in breach of it if they used it to market something similar, or with the intention of making people think it was your product when it was actually theirs. In the T-Mobile case I seem to remember it was someone who ran a T-Mobile hater website with a purple colour scheme who was being sued.

A trademark is a mark used in trade (surprisingly). Copyright covers people's rights to copy or lack thereof. Patent comes from the Latin patere meaning "to make public or open to scrutiny", as anything covered by a patent must be described in a publicly available document to the level of detail necessary for someone to build a duplicate.
 

DDarkRavenC

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I think everyone is missing the point. Why exactly did the OP buy a geiger counter over ebay?
Also I call Viridian. =P
 

Inverse Skies

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TenthRegeneration said:
Link?

If they really did that, then that is amazing (amazingly evil, yet still amazing).
http://en.wikipedia.org/wiki/Adrenaline

I didn't learn it from wiki (textbooks for uni is where I found it out originally, because its weird to keep switching between adrenaline and epinephrine depending on whether its an English or American textbook) but the info is in there under terminiology.
 

Romaru

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oktalist said:
Related: you can patent a strand of DNA or a whole genome. It can even be naturally-occurring.
Doesn't this make a mockery of the whole system? Surely the whole point of the patent and copyright system is to protect something you created, not something you found/stole* and thought you would rip off.

*I remember now hearing about cases where Doctor's have taken samples from patients and then patented the resultant genes, without any comensation for the person who it came from. Your post reminded me about it.
 

timmytom1

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TenthRegeneration said:
Random argument man said:
Now now, don't try to ***** with me. Or else I'll send Samuel L. Jackson. http://www.youtube.com/watch?v=czb4jn5y94g
I counter your Jackson with my Tarantino!

Tarantino, I choose you! http://www.youtube.com/watch?v=b_vbvRbBtUI

Then I take Forrest Opall. ^_^
This sounds like the coolest pokemon batlle ever
 

garfoldsomeoneelse

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Mar 22, 2009
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MaxTheReaper said:
I would say "Dibs on Black," but I'm pretty sure someone tried that already, and then we had the Civil War.

Anyway, I like purple.
But mostly black.
Oh, lawd. I was rolling on the floor when I read this.