Season 2, Episode 2 : Color Code

Can you own a color? The simplest answer is… maybe. Back in Brand Protection 101:Trademark Law, we covered an iconic case between two famous fashion houses over ownership of a color. The result of this case set precedent for trademark filings, specifically color marking.

Color marking is arguably the hardest trademark filing to obtain due to establishing secondary meaning (more on that in a future episode). This week, we take a look at color marking in the fashion industry. Is it allowed and if it is, just how easy is it to obtain this form of protection?