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Sure the idea is to patent something unique. I guess I am just questioning the "value add" of something like this, when another company could use a similar color scheme but change the hue just a little and I would imagine the patent would be a non-issue when trying to go after them. Even though the color difference could be similar but miniscule. Good luck with it though :)Quote:
Originally Posted by Lee
There seems to be some confusion between what you think we applied for and what we actually applied for.Quote:
Originally Posted by AcidMaX
We applied for a trademark, NOT a patent, they are significantly different things :)
Once granted a trademark actually prohibits companies changing things 'just a little' and in fact prohibits them changing a lot to still look similar to our trademark.
Regards,
Lee
This topic actually interests me quite a bit as it just doesn't seem logical (not that you are incorrect, just in a general legal sense). I did get confused with patent and trademark, yet I did continue to look this up on the web. It seems most of the trademarks are not enforced unless it is extremely specific and within the same genre, and even then it has failed. One example I saw was the life savers stripe on their candy. Another company used the same colors just in a separate order, and Life Savers lost. While another was two companies who published law books and used the same color red. That company won. I just don't see how someone can trademark / claim a color? Would this mean you could go after anyone who used the color blue? Or the entire scheme gray/blue etc would have to be the same? Seems Acacia-esque.Quote:
Originally Posted by Lee
Not at all, its a specific set of criteria needed to enforce the trademark once granted, based on colors being used, type of product using the mark, how confusing it potentially is to people viewing the colors on a different site, etc, etc...Quote:
Originally Posted by AcidMaX
It not just a color thing to be honest, there is only 1 site in the industry right now that we would have no trouble enforcing the trademark against according to our IP attorney, because it was created to cause damage to GWW and pretty much uses almost the exact same colors we do.
Regards,
Lee
Methinks your attorney is looking for fees.
While I have issues with the forum in question, if you do decide to try to take action, all that's going to happen is you'll spend a ton of money and end up not getting anything for it. I would definitely call at least two other IP attorneys and get opinions from them before proceeding, because I've worked with a couple of IP guys and both explained that enforcing *any* trademark is expensive and generally not worth the hassle, and particularly a trademark issued on as weak a claim as color scheme, when the underlying look-and-feel of the site is so completely different, isn't going to go very far.
And besides, the benefits are going to be marginal at best.
Im not so sure about that, any publicity is GOOD publicity and again, showing that you actively try to enforce your trademarks is a good thing if it ever came to us selling the business down the road ;)Quote:
Originally Posted by gaybucks_chip
Enforcement of the trademark when granted, isnt the only reason companies file trademark infringement lawsuits :)
Regards,
Lee
Owens Corning has trademarked the use of the color pink in building insulation. I recall that they have sued at least one company for using the same color.
There was also some controversy over engadget.com using the color magenta and T-Mobile harassing them over it since they own the color.
My thoughts...company "A" establishes themselves then a rival company, "B" comes along using the same color scheme and doing the same business, but then throws shade at company "A", I could see how you could sue and possibly win.
Company "B" was setup and then used to pull business from "A", the problem is trying to prove they are hurting company "A"s profits.
i dont see how you can register a color when lots of them have been used already