Under certain circumstances, colors can act as indicators for the source of certain goods and services in a similar fashion as their more typical trademark counterparts. One example is Tiffany & Co.'s Registration for a certain color blue as applied to jewelry packaging. The estate of Prince filed an application to register a certain color purple (specifically a shade produced by Pantone after Prince's death) in connection with Prince's entertainment services and musical recordings. The Patent and Trademark Office has initially refused the application, taking the position that Prince had not established the requisite "secondary meaning" between this shade of purple and his music. The estate has responded with an overwhelming 400 pages of evidence showing Prince's use and association with the color purple over his career in an attempt to persuade the Patent and Trademark Office to allow the application. If persuaded, the application will move on to the publication phase, where third parties will have the opportunity to object to the registration. Otherwise, the estate will have additional opportunities to request reconsideration or appeal the refusal.
Estate of Prince Attempting to Register the Color Purple as a TrademarkWritten by W. John Eagan
Mr. Eagan earned his bachelor’s degree in Mechanical Engineering from Lehigh University and his law degree, with honors from the University of Miami. While at the University of Miami he served as the Inter-American Citator and an Articles and Comments Editor for the Inter-American Law Review. Mr. Eagan is admitted to practice law in the State of Florida and concentrates his practice in Intellectual Property litigation.
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