Brand protection strategies can extend beyond the trademark rights in a name or logo used in connection with a product. For example, the color of a product or its packaging, or portions of a product or packaging, may be protectable as a trademark in addition to the name of the product. In a fashion context, color as a trademark can increase brand identity and transform products and services that would be otherwise unprotectable into those that are distinctive and capable of extending exclusivity. Established companies have used these strategies by protecting a red sole on a shoe (Christian Louboutin), robin’s egg blue boxes and pouches with a drawstring for jewelry and bespoke items (Tiffany & Co.), and multicolor stripe combinations on belts, shoes, and handbags (Gucci).
Given this broad scope of possible protection, the rights of others should be carefully considered in product development in order to avoid confusing similarity with the non-functional shapes and colors of established brands.
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