posted by guest
Dec 10, 2007 5:15PM
i know yves klein's international klein blue is patented -- does that count as a fashion color?
posted by guest
Dec 10, 2007 5:32PM
Nars Blush (and lip gloss) in Orgasm? (is that what you mean by "fashion colour"? ... or is that just a makeup shade ? )
posted by mpw
Dec 10, 2007 5:52PM
International Klein Blue? (I guess that's more of a famous art color, though.)
posted by Katie H
Dec 10, 2007 8:02PM
hmmm... definitely all of the above are possible, but maybe revlon's cherries in the snow? clinique's black honey? is there a trademark on mac's viva glam concept? but that's all makeup, not clothes.
if it's not a makeup shade, i vote for schiaparelli pink, but only by process of elimination because you don't see the name thrown around as much as tiffany blue, which is all over bridal merchandise. also, klein blue is a pigment.
hmmm...
posted by guest
Dec 10, 2007 9:09PM
The answer is Tiffany Blue. I learned about trademarking colors in trademark law. There are very few trademarked colors. Louboutin is trying to trademark the red for the soles of his shoes but it probably won't happen b/c other brands use it a lot already, like Oh Deer!
posted by Frank
Dec 10, 2007 11:43PM
Girlies, you have me a little obsessed. Does Tiffany count as fashion??? ;) That's the only color mentioned above that I can find which has been patented. Schiaparelli pre-dates all color patenting. Louboutin has tried and failed and so has Hermes with their orange. Prada green also came to mind, but I see no evidence that's been patented. Yves patented his blue, but I don't think that qualifies as fashion.
posted by guest
Dec 10, 2007 11:44PM
Tiffany Blue... I watched a show on celebrity weddings a while back, and Toni Braxton loves Tiffany, so she wanted the color incorporated into her wedding. So her wedding planners contacted Tiffany and they gave her permission to use the color for her wedding cake (stacks of tiffany boxes) and I think she may have had linens dyed Tiffany robin's egg blue also.
posted by Ginge
Dec 11, 2007 12:00AM
I know Tiffany blue is patented, but I don't know if that's what you're looking for. Like someone said - does that count as fashion?
Also, the picture used makes me think it's makeup, so I'm gonna say NARS Orgasm (although I think I would have heard about that)... or Chanel Vamp?
Like someone above said, it's super hard to get colors patented. (Again, to echo someone above - Louboutin's having a hard time.)
posted by bananahana
Dec 11, 2007 5:55PM
http://en.wikipedia.org/wiki/Tiffany_Blue
wow, it's a groegous color.
posted by jayci
Dec 12, 2007 12:53AM
I seriously doubt that the USPTO would give anyone a patent on a color considering that patents can only be given on designs or processes. (i.e. how to make a lipstick color, or the unique packaging mechanism of Chanel's Rouge Allure lipstick.)
Now, you can register with the USPTO for a Trademark/Serivcemark on a logo, slogan, jingle, or even a color that is closely identified with a brand and identifies the origin of the product or service. I checked with the Patent Office and Tiffany & Co. has a trademark/servicemark on several items including catalogs, boxes, and bags in the color "typically referred to as robin's-egg blue", and the color IS a "feature of the mark".
Interestingly, they also have a trademark on the blue box finished with a white bow.
Which is probably why it was a good idea to get Tiffany's OK on a wedding cake that looks like the gift box (literally a cake version of the trademarked box). However, a traditional wedding cake that simply used the blue and white colors...I doubt Tiffany's would even bother to enforce it.
However, there is no trademark on the actual color itself. Further investigation of Valentino, Hermes, and Chanel produced similar results. The packaging, logos, and names of products are protected like Kelly bag, Birkin bag, CoCo Chanel, and the Chanel No. 5 bottle. Colors are not.
This illustrates a very real problem that designers have protecting their intellectual property and brand value. The key is whether or not other designers use similar marks, to promote similar products. As long as its not on a catalog, box, or bag marketing jewelry or other products that Tiffany & Co. are associated with then its ok. Tiffany blue dog bed? Ok. Tiffany blue headbands? Sure. Tiffany blue Mercedes-Benz? Tacky, but passes muster.
Now go forth and discuss intellectual property at your next cocktail party. Diane Von Furstenberg would be proud.
posted by designer
Dec 10, 2007 4:57PM
Valentino Red