From Tiffany Blue to Louboutin Red: The Art and Law of Color Marks [Taft IP Webinar Series]

This webinar program, presented by Taft Partner Rachel Smoot and Professor David Franklyn, will provide a comprehensive exploration of how color functions as a trademark, covering both the legal foundations and practical strategies necessary for effective protection and enforcement.

Watch the full video below:

Topics discussed during this program include:

•  The requirements for obtaining trademark protection for a color, including legal criteria such as proving secondary meaning (demonstrating that consumers associate the color specifically with the brand), ensuring the color is non-functional, and using the color consistently over time. – 23:00
• Practical steps for registration with the USPTO and international considerations, such as collecting robust evidence of consumer association, documenting long-term use, and understanding the boundaries of protection, which do not grant exclusive rights to a color in all contexts but rather within particular industries and uses. – 31:23
•  Key court cases and examples—such as Tiffany & Co.’s blue, Louboutin’s red, and T-Mobile’s magenta—illustrate successful color trademark registrations and how these serve as powerful brand identifiers in specific industries. – 33:58
•  Effective enforcement strategies, including establishing clear brand guidelines, vigilant market monitoring for infringement, taking graduated legal action (such as sending cease-and-desist letters), and navigating the challenges of international enforcement where trademark laws and standards can differ significantly. – 57:36
•  An overview of pitfalls and challenges, such as the dangers of overreaching claims, the high evidentiary bar for proving distinctiveness, risks related to trademark dilution, and potential conflicts with the basic principle that colors cannot confer a functional advantage on products. – 59:37
•  Best practices for maintaining and defending a color trademark, including regular use in commerce, proper renewal filings, consistent branding, and the importance of building strong consumer recognition to reinforce legal rights over time. – 59:37

CLE Credit pending for AZ, CO, FL, IN, IL, KY, OH, MN 

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