Woot - Applied For Our First Color Scheme Trademark Today

[chadknowslaw]

Should be a few months until we can start enforcing our trademarked color scheme

More than a few months, most likely.

I would say minimum 9 months, most likely 12-15 months.

USPTO can be counted on to always and faithfully take longer than expected no matter what.

But congrats on the first steps!!

[Lee]

I would say minimum 9 months, most likely 12-15 months.

We were told it should take less than 12 months based on previous trademark applications our ip attorney had filed.

Im just looking forward to being able to enforce the trademark on certain boards that were developed after GWW that are using similarly confusing color schemes... Oh and yes, we only registered the color scheme trademark so i could be a total cunt to certain people in the industry, which is actually the same reason we're in the process of registering a few patents

Regards,

Lee

[chadknowslaw]

Hmmmmmmmmmm......

I am by no means an IP expert, so consider my opinion that of an educated layman-
You may have a tough row to hoe. I can think of a lot of competitors that have had similar color schemes -- Massey-Fergusun and International Harvester in the agricultural equipment manufacturing sector having similar reds; McDonald's, Burger King, Wendy's, and other fast-food chains having similar yellows and browns. You would have to show that the consumer of the product identified the product by the color scheme and I think you would have to show that the similar color schemes could cause confusion among the consumers.
Conversely, Adidas recently won an infringement suit against Payless Auto Rental for use of a 3 stripes logo.

[Lee]

I can think of a lot of competitors that have had similar color schemes

I can to but non in the same field that we're currently working in, that werent around before GWW was using the colors first

Regards,

Lee

[chadknowslaw]

I can to but non in the same field that we're currently working in, that werent around before GWW was using the colors first

Regards,

Lee

As a layman, I think it would be hard to win. When Massey-Fergusun and International Harvester both sell farm tractors and both in red color schemes compete directly and McDonald's and Burger King both have similar color schemes and compete directly those become huge precedents that would have to be overcome to enjoin a competitor from using a color scheme. I just believe it would be hard to show that a competitor cannot use a similar color scheme so long as things like logos and other identifying factors are different.
However, as you have stated you have obtained competent legal counsel!

[Lee]

Chad,

From what we were told there have been several cases starting as early as 1990 where courts upheld that color schemes that were used by companies other than the one who initially used it were ruled in favor of the original color scheme user... Even when these colors were not used as part of a logo but as secondary, even tertiary brand use and even in cases involving packaging of products.

Which, would be the use of the GWW color scheme, its part of the overall packaging of the GWW Community/Directory whilst it doesnt matter if the colors on GWW change, someone else using the same colors would, once the trademark is approved, be violating it, especially if they were operating a similar forum, dealing with similar topics to us.

Regards,

Lee

[AcidMaX]

Honestly to me, this sounds like a huge waste of money, but again thats just me. I would understand if you were a huge name brand in the market, but no offense, but GWW and/or Condom Cash are not a premier porn company (say maybe like a Hustler, Penthouse, Playboy).

Hopefully it works out for you, enforcing it could be tough, to me if the color is off just one little bit, it could be construed as a different color scheme and make your patent pretty much useless.