A handful of companies have pushed the boundaries of intellectual property law by laying claim to individual colors.
trademarks
It's been long known in the industry that brand term keywords garner a much higher click-through-rate. As a result, marketers often start by bidding on their own brand terms.
Trying to crush other companies' use of color is not only petty; it completely misses the point of branding.
When trademark infringement cases go to trial, the judge tries to determine the likelihood confusion taking place among consumers. Judges do not actually converse with consumers or take a poll among consumers, but they do use a set of criteria established by the Ninth Circuit Court of Appeals in the AMF, Inc v Sleekcraft Boats […]