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Hardly A Black-And-White Matter: Analyzing The Validity And Protection Of Single-Color Trademarks Within The Fashion Industry, Emilie Winckel

Vanderbilt Law Review

The fashion industry thrives because of the consuming public's desire to be affiliated with appealing brands. Some of these coveted brands are best identified by particular colors-for example, Tiffany & Co.'s blue, Hermes's orange, and Christian Louboutin's red. Others are internationally known for specific designs that incorporate color-such as Missoni's vibrant patterns. While these colors may be well- recognized symbols of specific brands, and thus deserving of trademark protection, designers rely on a broad and unrestricted array of colors in order to continue conjuring up the latest trends for each new season. Due to these often-competing interests inherent to the …