Trademarked colors

[We Are The Witches]

As I understand it, a business may be able to trademark a color (or "Pantone" shade) in relation with their brand, products and services for their specific industry. This way, the competitors are restricted from using it if they provide similar goods and services, making confusion amongst potential customers little to non existent. That would be the main point of trademarks, to distinguish and identify the source and provider from their competitors.

(Should also be noted that I believe there may be exceptions even for the same industry (I'm unsure), and that in order to trademark a color, you probably need to prove that it's so deeply rooted in your business, that people may equate it with your stuff)

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Some examples are UPS and a shade of brown, Tiffany & Co. and "blue", T-Mobile and magenta, etc; this one is from Target, where red (vertical lines) is claimed as a characteristic of the mark:

Spoiler: Target

I understand the rationale for allowing this, but I'm curious about your opinion because the first time I heard colors could be trademarked I thought it was nonsense; I don't see how it's entirely justified.

 

[Artificial Stupidity]

This seems like pure aids. How can they justify it?
would it not be simple to avoid any issues by just adjusting the pallet by 1 decimal?

Then again the north face did sue the south butt for trademark infringement. Just seems weird.

 

[Synthetic Smug]

That's trade dress. Like Coca Cola red for example.

It's not that nobody else can use that color for anything. It's just that if anybody else using that shade of red as a major part of the trade identity of another brand of soda Coke would have grounds to sue. It seems fucky on the surface but in practice it tend to be pretty reasonable and keeps knockoff shit like Russian 'Cool Cola' out of the general market.

 

[Artificial Stupidity]

Everyone know cool cola is bullshit классная кола "komi cola" is the shit!

Let's be honest here anything that's deemed a "knock-off" and russian isn't going to be introduced into the general market and I doubt coke could sue considering their political stance in removing coke from russia.

I get where you are coming from but I can't wait to see the rule abused by some random brand like Keurig Dr Pepper Inc sending a cease & desist to the kids down the road selling lemonade and suing them

 

[goodbudweiser]

keeps knockoffs 'Cool Cola' out of the general market.

well then they fucked up because fake Coke exists doesn't it? Sure not 100% the same, but it's there.