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I'd like to create a brand, naturally, but I have a problem. You see, there are only so many colors in the world and the number of colors has not changed much since the 1980s, when software companies have surfaced. (It seems to me that Google's colors were taken from Microsoft, until one realizes that colors can't be trademarked in and of themselves.) Seriously though, how do I choose logo colors that won't get me sued by say, Microsoft, or Google? I can't invent a new color. |
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Franky B's answer is right: you will not lose a lawsuit solely for using a color or color scheme. As a rule of thumb, make sure your brand cannot be confused with another one. For more detailed information, this article on color trademarks sums it up very well. Edit: To answer Tim, I believe that the key here is brand confusion. Judgment is really what matters. For example, it's OK to use the same color scheme as a company from a different industry but don't copy a color scheme from a competitor especially if you think it could cause confusion. Example of color schemes which don't cause confusion:
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Despite the previous discussion, I think you don't have anything to worry about. Just don't pick a color scheme that is identical to your competitors. Typically, in trademark disputes, you'll have to ask - could your product reasonably be confused with the competitors? Thus, if you were starting a search engine, and you used all Googles colors and similar layout, then you might be treading on unsafe ground. On the other hand, you are almost always safe if you use standard colors, since those can't be easily trademarked. Note in the Supreme Court article mentioned, that colors which are "functional" are not subject to trademark. In any case, just pick colors independent of your competitors, and you should be just fine. |
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"how do I choose logo colors that won't get me sued by say, Microsoft, or Google?" Look at their color schemes and avoid them. However, Google and MS may be the wrong competitors to look for. Will you really be a thorn in their side anytime soon? Find your immediate competitors instead. The counterpart to "there are only so many colors in the world" is that "only so many" is literally millions of colors. So, it shouldn't be hard to end up with a pleasing logo that doesn't seem like your are copying your competitors. |
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I couldn't fit all the counter examples to Franky B's assertion that "nobody is going to sue you", so here are a bunch of refutations. Note that many of the companies I have NEVER heard of. http://www.timesnews.net/article.php?id=9021230 http://exclaim.ca/News/eddie_van_halen_sues_nike_over_shoes_colour_scheme/ http://colormatters.blogspot.com/2009/07/color-infringement-microsoft-vs-google.html http://www.alabar.org/sections/intellectualproperty/pdf/BruceSiegal-TrendsinTMProtection.pdf http://fastfood.ocregister.com/2009/08/05/in-n-out-settles-copycat-lawsuit/30195/ It goes on and on - that was only 2 minutes of searching and pasting. All it takes is someone to take an interest in a color scheme that you have used. In summary, Dana's link to the Supreme Court decision is the precedent that will be used and referred to. |
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You will never get sued for use of colors, because they cannot be copywritten or trademarked. If you create your own color or name for a color then you can trademark it. You could create a black, same as any other black, but call it MOSHE black. If you had a crayon in MOSHE BLACK and someone else decided to sell MOSHE BLACK crayons you would have a lawsuit. What you need to be careful of is stealing someone else's logo, or identity. This sometimes comes in the form of a font. Some comapnies have their own font. CocaCola comes to mind. |
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