Color as a Brand: The Legal Landscape of Tiffany Blue and Comparative Insights into Color Trademark Protection
(2024) HARN63 20241Department of Business Law
- Abstract (Swedish)
- This paper explores the complex dynamics of color trademarks, with a particular focus on the legal environment of "Tiffany Blue." This study examines the symbolic significance of this iconic color and compares the legal frameworks for color trademark protection in the United States, the European Union, and China. The main research questions relate to the challenges and controversies surrounding the protection of "Tiffany Blue" and similar color trademarks, the legal standards governing their registration and protection, and the impact of recent legal developments on their recognition and enforcement.
Through a comprehensive comparative legal analysis, this study examines different approaches in each jurisdiction, highlighting the nuances... (More) - This paper explores the complex dynamics of color trademarks, with a particular focus on the legal environment of "Tiffany Blue." This study examines the symbolic significance of this iconic color and compares the legal frameworks for color trademark protection in the United States, the European Union, and China. The main research questions relate to the challenges and controversies surrounding the protection of "Tiffany Blue" and similar color trademarks, the legal standards governing their registration and protection, and the impact of recent legal developments on their recognition and enforcement.
Through a comprehensive comparative legal analysis, this study examines different approaches in each jurisdiction, highlighting the nuances and complexities of ensuring color trademark protection. Tiffany's case study is a key example of what these legal principles mean in practice and the broader challenges that international brands face in protecting their color trademarks in different legal systems.
Key findings indicate that while color marks are increasingly recognized, the path to obtaining and maintaining protection is fraught with legal, cultural, and procedural obstacles. The study highlights the need for substantial evidence of acquired distinctiveness, particularly in jurisdictions such as the European Union and China, where stringent requirements present significant challenges. The paper concludes by proposing potential reforms and future trends in trademark law in order to provide greater clarity and predictability for brand owners. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9159333
- author
- Lin, Yili LU
- supervisor
- organization
- course
- HARN63 20241
- year
- 2024
- type
- H1 - Master's Degree (One Year)
- subject
- keywords
- Color trademark, Tiffany Blue, legal protection, United States, European Union, China, trademark law
- language
- English
- id
- 9159333
- date added to LUP
- 2024-06-11 09:36:43
- date last changed
- 2024-06-11 09:36:43
@misc{9159333, abstract = {{This paper explores the complex dynamics of color trademarks, with a particular focus on the legal environment of "Tiffany Blue." This study examines the symbolic significance of this iconic color and compares the legal frameworks for color trademark protection in the United States, the European Union, and China. The main research questions relate to the challenges and controversies surrounding the protection of "Tiffany Blue" and similar color trademarks, the legal standards governing their registration and protection, and the impact of recent legal developments on their recognition and enforcement. Through a comprehensive comparative legal analysis, this study examines different approaches in each jurisdiction, highlighting the nuances and complexities of ensuring color trademark protection. Tiffany's case study is a key example of what these legal principles mean in practice and the broader challenges that international brands face in protecting their color trademarks in different legal systems. Key findings indicate that while color marks are increasingly recognized, the path to obtaining and maintaining protection is fraught with legal, cultural, and procedural obstacles. The study highlights the need for substantial evidence of acquired distinctiveness, particularly in jurisdictions such as the European Union and China, where stringent requirements present significant challenges. The paper concludes by proposing potential reforms and future trends in trademark law in order to provide greater clarity and predictability for brand owners.}}, author = {{Lin, Yili}}, language = {{eng}}, note = {{Student Paper}}, title = {{Color as a Brand: The Legal Landscape of Tiffany Blue and Comparative Insights into Color Trademark Protection}}, year = {{2024}}, }