Protection of Colour Per Se: Or, #FreeThePink and the Battle over “Magenta”
Research output: Contributions to collected editions/works › Contributions to collected editions/anthologies › Research › peer-review
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Intellectual Property Excesses: Exploring the Boundaries of IP Protection. ed. / Enrico Bonadio; Aislinn O´Connell. London: Bloomsbury Academic, 2022. p. 239-264.
Research output: Contributions to collected editions/works › Contributions to collected editions/anthologies › Research › peer-review
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TY - CHAP
T1 - Protection of Colour Per Se: Or, #FreeThePink and the Battle over “Magenta”
AU - Dornis, Tim W.
PY - 2022
Y1 - 2022
N2 - Tim W Dornis Marketing does not work without colours. Not only do the goods themselves often depend heavily on the use of colours or colour combinations, but so do product packaging, the sellers’ retail stores or outlet design, and their trade mark schemes. It is thus no surprise that companies try to protect their ‘own’ colours as ‘colour marks’ or ‘colours per se’ and that they fight over the use of colour by their competitors. The recent colour-mark dispute between Lemonade and Deutsche Telekom is highly illustrative. In 2019, shortly after New York insurance company Lemonade started doing business in Germany, German telecom giant Deutsche Telekom proclaimed that the insurer’s use of the colour pink infringed upon its trade mark for magenta. Deutsche Telekom owns a large number of trade marks – mostly for telecommunication and internet-related services and equipment – but its most important asset is its ‘house colour’....
AB - Tim W Dornis Marketing does not work without colours. Not only do the goods themselves often depend heavily on the use of colours or colour combinations, but so do product packaging, the sellers’ retail stores or outlet design, and their trade mark schemes. It is thus no surprise that companies try to protect their ‘own’ colours as ‘colour marks’ or ‘colours per se’ and that they fight over the use of colour by their competitors. The recent colour-mark dispute between Lemonade and Deutsche Telekom is highly illustrative. In 2019, shortly after New York insurance company Lemonade started doing business in Germany, German telecom giant Deutsche Telekom proclaimed that the insurer’s use of the colour pink infringed upon its trade mark for magenta. Deutsche Telekom owns a large number of trade marks – mostly for telecommunication and internet-related services and equipment – but its most important asset is its ‘house colour’....
KW - Law
UR - https://www.bloomsbury.com/uk/intellectual-property-excesses-9781509944880/
U2 - 10.5040/9781509944910.ch-012
DO - 10.5040/9781509944910.ch-012
M3 - Contributions to collected editions/anthologies
SN - 978-1-5099-4488-0
SN - 978-1-5099-4492-7
SP - 239
EP - 264
BT - Intellectual Property Excesses
A2 - Bonadio, Enrico
A2 - O´Connell, Aislinn
PB - Bloomsbury Academic
CY - London
ER -