When it comes to intellectual property rights, companies are concerned about protecting things that identify their brand. This is why logos, slogans, jingles and other such information can be protected. It helps to limit consumer confusion.
But what about colors? Some brands are well known for their color schemes. UPS famously uses brown trucks, for example, while the golden arches of McDonald’s are recognized the world over. Is it possible for a color to be a piece of intellectual property that is owned by a specific business?
Color schemes can be trademarked
Companies cannot necessarily own specific colors. After all, there are fewer than 1,900 Pantone colors in existence. If companies could claim exclusive use, it would not take very long before there were no colors left for the rest of the companies to use.
But in some cases, it is possible for colors to be trademarked if they specifically identify that company and could therefore lead to consumer confusion.
This started with insulation. In the 1950s, insulation used to be tan. Owens Corning wanted their insulation to stand out, so they dyed it pink. This became a major part of their marketing efforts, and they had pink mascots and used the color pink in their slogan. If another company started dyeing their insulation pink, it could be a violation of that intellectual property right.
That said, this does not mean that other companies are entirely barred from using the color pink. It would likely only be an issue if that color was used by another insulation company. Similarly, many companies can use the color brown as part of their color scheme, but if a delivery company started using brown trucks, they may face legal action from UPS.
Intellectual property rights
As you can see, the relationship between color schemes and intellectual property is very complex and nuanced. This is why it is so important to work with an experienced legal team when considering patent and trademark law.
