The legal test is whether an ordinary consumer would look at that color in the context of the product/service and be given the impression that UPS was responsible for that product/service. I could create a summer camp in the woods and make my sign the same color, and I’d probably be fine, but I couldn’t create a truck delivery service and make my trucks and uniforms the same color. That color can be “valid” as a trademark any time that consumer confusion might occur. For example, UPS was able to show that consumers recognize brown delivery trucks to be UPS, so they were able to register the color #644117 as a trademark. If your first name was Oprah, and you decided to create your own daytime television talk show, and you decided to name your TV show after your first name… you would have a bad time.įor those unaware, a trademark specifically deals with preventing consumer confusion, and basically you can register a trademark when you can show that you’ve created a brand for yourself which consumers will recognize, such that a consumer might get confused if a competitor started using the same trademark. Second, it’s ironic that people are saying that Linus could not register “Linus” as a trademark, considering that this ad proves that someone was able to register “Linus” as a trademark! Also, if you’re not sure whether someone can register their first name as a trademark, I encourage you to research trademarks held by Madonna, Cher, Beck, Björk, Nas, Prince, Shakira, Zendaya, Adele, Jewel, Oprah, and Rihanna (though Rihanna is her middle name). In response to u/TehNolz, u/rumpsteak08, u/tynxzz, u/ImprovementWise1118:įirst, the issue at play in this post is trademark, not copyright.
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