Business Law, Public Responsibility, and Ethics Commons^™

Color As A Source Of Brand Differentiation: Can It Be Defended?, Byron W. Keating, T. R. Coltman

Dr Byron W. Keating

Savvy marketers have long sought to exploit the psychological effects of color to differentiate their brands and create competitive advantage: IBM Blue, Coca- Cola Red, and BP Green. These are not new colors but well-known brand colors. While changes in international trademark law over the past decade paved the way for marketers to seek protection for a color associated with a brand, this case demonstrates some important challenges in defending such trademarks.