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Color as a Brand: The Legal Landscape of Tiffany Blue and Comparative Insights into Color Trademark Protection

Lin, Yili LU (2024) HARN63 20241
Department 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:
author
Lin, Yili LU
supervisor
organization
course
HARN63 20241
year
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}},
}