Thursday, February 12, 2009

That's my color, not yours!

In today's market, brands are constantly waging wars against each other for exclusive use of identifiers. These battles are often fought over who has the right to use a particular color. It's important to note that a company cannot have blanket rights to one color; the usage has to be very specific to their market and product.

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For instance, Tiffany & Co had trademarked their use of Tiffany Blue in the high end jewelry market. But they have no rights to that color as it is used anywhere else.

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Cadbury has been going after Darrell Lea, a candy manufacturer in Australia, for use of various shades of purple in it's packaging, uniforms, and store signage. They've been disputing who has rights to purple for more than 5 years now.
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In April of last year, they lost the suit, with the judge concluding that a variety of candy manufacturers (including NestlĂ©) use purple packaging, and that "…Cadbury does not have a monopoly in the use of purple for chocolate. Seeing chocolate in a purple wrapper with Darrell Lea's name on it in a Darrell Lea shop does not make me think it comes from Cadbury". The judge went on to add,
"This is an important decision for all Australian manufacturers and consumers as more and more companies seek to obtain exclusivity of use of certain colours and shapes of products. These branding elements can be important aspects of a company's corporate identity, but they're not a carte blanche to intimidate competitors who also have rights". (source)
Cadbury has registered 17 grounds of appeal, and is pursuing them now.(source)
Come on, can't we all just get along? What do you guys think?


5 comments:

Kelley.L.Gordon said...

Silly. Color combined with logo, style, packaging, etc...make up the look. Cadbury has a distinct signature and wrapper and Tifany has a unique box & bag as well design that further identify the product. I think they all go overboard jamming up the legal system. Perhaps hard economic times will encourage more productive use of efforts & money.

Kelley.L.Gordon said...

I meant Tiffany

Annie, bossy color said...

This is so interesting. I noticed that Tiffany's blue seemed to undergo a change, though: http://tinyurl.com/bfccl5
It makes sense to me that they'd try to trademark the color, but if it changes...what then?

Rachel said...

Kelley- so true. it's all the parts put together that makes up a brand, not just color alone.

Annie- hm, that's intriguing that Tiffany's is not being consistent with their trademark blue. i wonder what that is all about.

barbie desoto said...

love your blog btw!

i think it's a sticky situation, (not just cause of the chocolate!) because visual plagiarism is a big problem, but it hard to define. that's what this judge was aiming at, i think. it sounds reasonable to me, vis a vis color. i think the fact that he took into account the rest of the packaging makes a difference.