3 ms·

Whilst (afaik) unrelated to the DCMA claim at hand, it is possible to trademark a specific colour, with plenty of examples at [1], and there have been controver

by shabble 14y ago

Whilst (afaik) unrelated to the DCMA claim at hand, it is possible to trademark a specific colour, with plenty of examples at [1], and there have been controversial suits over 'infringement' in the past. My recollection is that colour trademarks are much more restrictive in their coverage than other forms, although I may be wrong there. Edit: Emphasise the trademark-ability, not copyright-ability, of particular colours/palettes. [1] http://www.businessinsider.com/colors-that-are-trademarked-2012-9?op=1 http://www.businessinsider.com/colors-that-are-trademarked-2...

FootballMuse 14y ago
Trademark infringement and copyright infringement are different things. The DMCA only deals with copyright. Plus, it is actually fairly difficult to trademark a color.
- shabble 14y ago
  > Trademark infringement and copyright infringement are different things. Yes, I'm aware of that, and have edited original comment emphasise it. I had vaguely thought there was some provision in the DMCA for remedies for other types of IP infringement as well as copyright, but haven't really looked into it that much. Then again, given how much easier it is to (potentially) infringe some trademarks, the severity of the remedy (immediate takedown, with perhaps later return) does seem like overkill. I wasn't arguing that it was easy, merely possible. The examples all do seem to be large companies with significant legal budgets and generally strong or exclusive brands though, which does indicate it being quite rare.