Comments on: 3M claims ownership over purple http://boingboing.net/2010/10/25/3m-claims-ownership.html Brain candy for Happy Mutants Sat, 25 May 2013 12:00:00 +0000 hourly 1 http://wordpress.org/?v=3.4.1 By: Anonymous http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-921088 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-921088 Not so fast, 3M! TTAB Finds the Color Purple to be Functional for Sandpaper - http://bit.ly/dqVErq Not so fast, 3M! TTAB Finds the Color Purple to be Functional for Sandpaper – http://bit.ly/dqVErq

]]> By: morkuma http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920835 morkuma Wed, 30 Nov -0001 00:00:00 +0000 #comment-920835 owens corning owns pink. " © 1996-2010 Owens Corning Insulation. All rights reserved. The color PINK is a registered trademark of Owens Corning. " http://insulation.owenscorning.ca/ (bottom of page) owens corning owns pink.

”
© 1996-2010 Owens Corning Insulation. All rights reserved.
The color PINK is a registered trademark of Owens Corning.
”

http://insulation.owenscorning.ca/ (bottom of page)

]]> By: Anonymous http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-921108 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-921108 WIFFLE brand plastic baseball bats have the color yellow trademarked as well. WIFFLE brand plastic baseball bats have the color yellow trademarked as well.

]]> By: SQFreak http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920855 SQFreak Wed, 30 Nov -0001 00:00:00 +0000 #comment-920855 Some context would be helpful. Under US law, trademarks are only protectable in for the goods and service on which they are used. As long as the choice of color does not put competitors at a non-reputation-related disadvantage, a claim to a color can be actionable under the Lanham Act. Qualitex Co. v. Jacobson Products Co., Inc., 514 U.S. 159 (1995). That means that the purple trademark FOR SANDPAPER or related products is fine as long as there isn't some technical reason that makes it more difficult for competitors to use non-purple coloring. As long as Alice Walker doesn't sell sandpaper or similar goods or services, she'll be fine. Some context would be helpful. Under US law, trademarks are only protectable in for the goods and service on which they are used. As long as the choice of color does not put competitors at a non-reputation-related disadvantage, a claim to a color can be actionable under the Lanham Act. Qualitex Co. v. Jacobson Products Co., Inc., 514 U.S. 159 (1995). That means that the purple trademark FOR SANDPAPER or related products is fine as long as there isn’t some technical reason that makes it more difficult for competitors to use non-purple coloring.

As long as Alice Walker doesn’t sell sandpaper or similar goods or services, she’ll be fine.

]]> By: XerxesQados http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-922396 XerxesQados Wed, 30 Nov -0001 00:00:00 +0000 #comment-922396 I can <em>kind of</em> understand the need to prevent people in the same industry as you from making their packages the exact same color as yours, but there needs to be a better way to word it. I can kind of understand the need to prevent people in the same industry as you from making their packages the exact same color as yours, but there needs to be a better way to word it.

]]> By: kingharlo http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-921127 kingharlo Wed, 30 Nov -0001 00:00:00 +0000 #comment-921127 Harley withdrew their application for trademark on the sound of their v-twin after 6 years of litigation. http://en.wikipedia.org/wiki/Sound_trademark Harley withdrew their application for trademark on the sound of their v-twin after 6 years of litigation.

http://en.wikipedia.org/wiki/Sound_trademark

]]> By: neph13 http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920625 neph13 Wed, 30 Nov -0001 00:00:00 +0000 #comment-920625 so I guess Prince will have to change his album to '3M Rain' :( Just doesn't have the same ring so I guess Prince will have to change his album to ’3M Rain’
:( Just doesn’t have the same ring

]]> By: Khaidee http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920627 Khaidee Wed, 30 Nov -0001 00:00:00 +0000 #comment-920627 Or perhaps Alice Walker? Or perhaps Alice Walker?

]]> By: Antinous / Moderator http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920628 Antinous / Moderator Wed, 30 Nov -0001 00:00:00 +0000 #comment-920628 Great. Drive the Murex to extinction and then claim the trademark. Great. Drive the Murex to extinction and then claim the trademark.

]]> By: apoxia http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920629 apoxia Wed, 30 Nov -0001 00:00:00 +0000 #comment-920629 I thought purple was a trademark of Cadbury. I thought purple was a trademark of Cadbury.

]]> By: glasnt http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920630 glasnt Wed, 30 Nov -0001 00:00:00 +0000 #comment-920630 Pretty sure Cadbury Chocolate already owns PURPLE http://www.metro.co.uk/news/49941-its-our-purple-say-cadbury Pretty sure Cadbury Chocolate already owns PURPLE

http://www.metro.co.uk/news/49941-its-our-purple-say-cadbury

]]> By: gwailo_joe http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920634 gwailo_joe Wed, 30 Nov -0001 00:00:00 +0000 #comment-920634 Sorry Sam the Sham and the Pharaohs. . .you owe, muthaphukkas. you owe. Sorry Sam the Sham and the Pharaohs. . .you owe, muthaphukkas. you owe.

]]> By: scifijazznik http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920635 scifijazznik Wed, 30 Nov -0001 00:00:00 +0000 #comment-920635 I wonder if Alice Walker or Prince know about it. I've wondered about silly things like this since I got my kid a Lionel train set and it says something ridiculous like "the colors orange and blue are a trademark of Lionel Trains." My guess is, if it can be explained, the explanation will leave you with a vague dissatisfaction that people actually make piles of cash writing such hooey. I wonder if Alice Walker or Prince know about it.

I’ve wondered about silly things like this since I got my kid a Lionel train set and it says something ridiculous like “the colors orange and blue are a trademark of Lionel Trains.” My guess is, if it can be explained, the explanation will leave you with a vague dissatisfaction that people actually make piles of cash writing such hooey.

]]> By: Anonymous http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920638 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-920638 And I thought (silly me!) that "The Color Purple" was a movie starring Ms.Oprah Winfrey! And I thought (silly me!) that
“The Color Purple” was a movie starring Ms.Oprah Winfrey!

]]> By: C White http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920639 C White Wed, 30 Nov -0001 00:00:00 +0000 #comment-920639 That ain't right. That ain’t right.

]]> By: Griffin http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920640 Griffin Wed, 30 Nov -0001 00:00:00 +0000 #comment-920640 Remember that trademark is often pretty limited - in cases like this, often extending only in relation to direct competitors of their product who use it in a similiar way. Even then, its still a bit silly. Remember that trademark is often pretty limited – in cases like this, often extending only in relation to direct competitors of their product who use it in a similiar way.

Even then, its still a bit silly.

]]> By: TFox http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920643 TFox Wed, 30 Nov -0001 00:00:00 +0000 #comment-920643 http://en.wikipedia.org/wiki/Trade_dress -- so no, Alice Walker and Prince don't have to worry. http://en.wikipedia.org/wiki/Trade_dress — so no, Alice Walker and Prince don’t have to worry.

]]> By: Anonymous http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920644 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-920644 Cadbury has a specific purple it owns. I wonder of 3M claims a specific purple, or ALL purple. That would make 3M the the patent troll equivalent for the color purple. The company, founded in Birmingham in 1824, is fiercely protective of its 'Cadbury Purple', or Pantone 2685C as it is known at the Patent Office. Read more: http://www.metro.co.uk/news/49941-its-our-purple-say-cadbury#ixzz13RMvpDYe Cadbury has a specific purple it owns. I wonder of 3M claims a specific purple, or ALL purple. That would make 3M the the patent troll equivalent for the color purple.

The company, founded in Birmingham in 1824, is fiercely protective of its ‘Cadbury Purple’, or Pantone 2685C as it is known at the Patent Office.

Read more: http://www.metro.co.uk/news/49941-its-our-purple-say-cadbury#ixzz13RMvpDYe

]]> By: Avram / Moderator http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920645 Avram / Moderator Wed, 30 Nov -0001 00:00:00 +0000 #comment-920645 Isn't that a bit broad? I mean, Kodak just trademarked a particular shade of yellow. Likewise Yves Klein and his <a href="http://en.wikipedia.org/wiki/International_Klein_Blue">shade of blue</a>. Isn’t that a bit broad? I mean, Kodak just trademarked a particular shade of yellow. Likewise Yves Klein and his shade of blue.

]]> By: Green_Tuxedo http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920646 Green_Tuxedo Wed, 30 Nov -0001 00:00:00 +0000 #comment-920646 It's the color reserved for royalty so unless 3M is a gay princess then their outta luck. It’s the color reserved for royalty so unless 3M is a gay princess then their outta luck.

]]> By: Xenu http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-921159 Xenu Wed, 30 Nov -0001 00:00:00 +0000 #comment-921159 This is a sticky legal situation. This is a sticky legal situation.

]]> By: Anonymous http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920648 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-920648 I think you mean Alice Walker, Alice Munro wrote "Lives of Girls and Women" I think you mean Alice Walker, Alice Munro wrote “Lives of Girls and Women”

]]> By: Bade http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920650 Bade Wed, 30 Nov -0001 00:00:00 +0000 #comment-920650 And T-Mobile owns magenta aparently... en.wikipedia.org/wiki/Magenta And T-Mobile owns magenta aparently…
en.wikipedia.org/wiki/Magenta

]]> By: prof_jellis http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920654 prof_jellis Wed, 30 Nov -0001 00:00:00 +0000 #comment-920654 There's a similar kerfuffle about magenta and T-mobile. http://tinyurl.com/29dfzg Since those colors (that's colours to you, Cory) are adjacent on the colo(u)r wheel, does that mean they could measure the level of infringement in degrees? There’s a similar kerfuffle about magenta and T-mobile.
http://tinyurl.com/29dfzg

Since those colors (that’s colours to you, Cory) are adjacent on the colo(u)r wheel, does that mean they could measure the level of infringement in degrees?

]]> By: Cory Doctorow http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920655 Cory Doctorow Wed, 30 Nov -0001 00:00:00 +0000 #comment-920655 Duh! Thanks! Duh! Thanks!

]]> By: Candice http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920659 Candice Wed, 30 Nov -0001 00:00:00 +0000 #comment-920659 It's definitely broad. I don't know if I've heard of a trademark on a whole chunk of the spectrum before. 3M, for instance, already has "canary yellow", not just "yellow". If every company with a competing product claimed another chunk there'd only be room for to ten or so others since it leaves red, orange, yellow, green, blue, black, white, grey, brown and pink. That can't be right. It’s definitely broad. I don’t know if I’ve heard of a trademark on a whole chunk of the spectrum before. 3M, for instance, already has “canary yellow”, not just “yellow”. If every company with a competing product claimed another chunk there’d only be room for to ten or so others since it leaves red, orange, yellow, green, blue, black, white, grey, brown and pink. That can’t be right.

]]> By: Anonymous http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-921172 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-921172 I notice on their website that the wording is slightly different - it's not "the color purple", it's "the purple color"; same words, big difference semantically. I notice on their website that the wording is slightly different – it’s not “the color purple”, it’s “the purple color”; same words, big difference semantically.

]]> By: Anonymous http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920663 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-920663 waiting for them to sue the world.. waiting for them to sue the world..

]]> By: Anonymous http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-921694 Anonymous Wed, 30 Nov -0001 00:00:00 +0000 #comment-921694 Cadbury's do own the trademark for purple in relation to chocolate. But 3M don't make chocolate nor are they using purple to market chocolate, so there is no infringement. Kodak own yellow, but you can still use it to advertise things that don't step on Kodak's toes. Cadbury’s do own the trademark for purple in relation to chocolate. But 3M don’t make chocolate nor are they using purple to market chocolate, so there is no infringement. Kodak own yellow, but you can still use it to advertise things that don’t step on Kodak’s toes.

]]> By: Jonathan Badger http://boingboing.net/2010/10/25/3m-claims-ownership.html#comment-920675 Jonathan Badger Wed, 30 Nov -0001 00:00:00 +0000 #comment-920675 It isn't purple that they are laying claim to, it is PURPLE -- which may be 3M's trade name for that shade -- note that it is strangely written in all caps unlike the rest of the sentence. It isn’t purple that they are laying claim to, it is PURPLE — which may be 3M’s trade name for that shade — note that it is strangely written in all caps unlike the rest of the sentence.

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