I don't know IP law that well, but I'd imagine that would be a pretty difficult hurdle to convince the trademark office to trademark colors alone.
I'm pretty sure, for example, you can use FedEx colors together for other than FedEx, and the grocery store is full of store-brand products with the same colors as the national brand.
Besides, do you really want to spend the money trying to enforce a trademark action over some other site for using your *color scheme*? That's like $50,000 or more to mount the challenge, and probably at least several thousand just to file... and if I'm not mistaken, you'd have to be able to prove actual monetary damages to collect anything.
When I created DVD sleeves, web graphics and company logos for that shithead who stole them from me, I couldn't do anything about it because....I was told (after submitting the required documents and paying the appropriate fees) that I COULD NOT copyright my work because you cannot copyright color scheme, fonts, or background textures unless you created them and they don't exist already. I don't know if you'll be able to copyright your color scheme, but I hope you are successful.
Actually, from what our IP attorneys tell us, it really isnt that much more difficult than trademarking a company name or insignia.
Lots of companies already have trademarked color schemes, for example, John Deere who trademarked their green/yellow color scheme.
With GWWs past history of using the color scheme we do and the potentially confusing water down effect of another forum using the same colors we do our attorneys say that we shouldnt have any problems at all getting the colors trademarked.
Regards,
Lee
I can see color scheme if it's part of the logo ie John Deere.
My old co GoTo.com sued Disney because the created an almost identical logo and using same colors.
But I would think you have to show that you used a color scheme before anyone else.
I mean it would be like coke saying ok Red and White is our color scheme no one else can use it
Usually something so general isn't going to make it through as an exclusive right I don't think
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