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Tag Archives: Color Schemes

Successful Evolution of an Unlicensed Business Model?

Posted in Agreements, Articles, Branding, Contracts, Fair Use, First Amendment, Infringement, Law Suits, Marketing, Non-Traditional Trademarks, Trademarks, Truncation

Brand owners and managers may wonder, is a trademark license required when another’s unregistered color scheme is used? Depending on the facts, it may very well be. About four years ago brand owners scored a major victory in LSU v. Smack Apparel, when the Fifth Circuit Court of Appeals agreed to the existence and successful enforcement of… Continue Reading

Industry Color Clusters

Posted in Branding

–Susan Perera, Attorney I recently read Nora Reed’s blog post, Locate your Brand on the Color Spectrum, on Logoblog. Nora identified a trend, which you may have noticed from time to time, that some industries tend to congregate in a specific color scheme. For example, fast food logos tend to be in the red/yellow category, while… Continue Reading

The Great Chocolate War

Posted in Advertising, Branding, Guest Bloggers, Infringement, Law Suits, Marketing, Product Packaging, Trademarks

—Jason Voiovich, author of the “State of the Brand” & Vice-President of Marketing for AbleNet, Inc. It sounds like something I’d get wrong in a game of "Trivial Pursuit". Name the belated military attempt of King William I to restore his position as monarch over the Belgians. I might have guessed the delicious-sounding "great chocolate… Continue Reading

“Sit Down Michigan State,” A Collegiate Trade Dress Tale

Posted in Branding, Trademarks

            That’s what I called out to this guy at the College World Series in Omaha last week, after "down in front," received no reaction. That’s right, "Sit Down Michigan State," obtained the desired result, but not without a somewhat funny look back. When he turned around I realized the funny look wasn’t simply a reaction to interrupting his… Continue Reading