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Fashion victim of US trade mark laws

24 November 2011

Following on from the recent decision on Cadbury’s trade marking of the colour purple, the US fashion industry has also recently considered colours as trade marks. The American retailer Tiffany’s, (who already hold a number of trade marks for a blue colour) is supporting Christian Louboutin’s appeal against a court decision which stated that a single colour for fashion items is never subject to protection.

Many companies will be closely following the development of colours as trade marks; the often strong association of a colour with a brand or type of product by consumers is something many will want to closely protect, whilst others will be concerned about being increasingly restricted in their use of colours on packaging.

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