It's important to keep in mind that trademarks are not copyrights. Copyright protects the investment of an artist, trademarks protect the interest of the custom

It's important to keep in mind that trademarks are not copyrights. Copyright protects the investment of an artist, trademarks protect the interest of the customer. Customers want to be able to trust that when they buy shoes with the Nike swoosh, they're buying real Nike shoes and not a fake knock-off. I think that's only an issue with paint when the paint claims to be from Jardin Majorelle when it's not. The mere shade of the colour is exactly the quality that the customers do want, and possibly intentionally in a different paint type or quality, so as long as the real producer of the paint is clear, it's not a trademark issue. What could be a trademark issue, is if there's another lush tourist garden with blue houses in Marrakesh. Of course tourists want to visit the real Jardin Majorelle and not a fake knock-off. But that's a protection within a very specific industry, and not claiming an entire colour.