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Publication - April 26, 2024

Reuters Legal News | The Case of Fruity Pebbles: ‘Stone-Age’ Use Does Not Guarantee Trademark Protection in Colors

A specific color or color combination can be the subject of common law trademark protection and/or federal registration with the U.S. Patent and Trademark Office (“USPTO”) in certain circumstances, though it can be challenging to protect and register a color mark.

Some well-known examples of registered color marks include Tiffany robin’s-egg blue and Christian Louboutin red when contrasting with other colors on shoes, and Mattel owns strong common law rights in Barbie pink. However, in other circumstances, color has been held to be unprotectable, such as General Mills’ yellow for Cheerios packaging and Pepto Bismol’s pink for stomach medication.

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