3M Owns The Colour Purple (But Not How You Might Think)

And here I was, ready to paint my bedroom purple. But if 3M owns it, I can’t, right? Wrong! Although under US law 3M strangely does have a valid claim to the the colour, it’s not as bad as it sounds.

Intellectual property law allows for what’s called “trade dress” – the visual distinctiveness that, the hope is, allows consumers to differentiate between similar products on the basis of their origin. That means you can walk into the supermarket and spot a red Coca-Cola based on its redness – and know you’re not going to open the can and have a swarm of killer bees fly into your mouth. Or, y’know, some weird inferior brand of soft drink. So a rival soft-drink maker can’t make bottles of the same hue, hoping to piggyback on Coke’s visual reputation.

Coke owns, to a certain extent, that colour. It’s a wacky idea – having even partial ownership over the way light reflects off a surface and hits our eyes – but don’t worry, nobody actually owns the colour. In the case above, 3M could only stop you from selling a competing product dressed up in the same purple packaging. Other than that, purple is yours to love and own. Go ahead, buy those purple pants – no legal goons will come knocking. [via Boing Boing]

Discuss

(9 Comments)
  • [–]

    Molokov

    Wednesday, October 27, 2010 at 8:14 AM

    I thought Cadbury owned the colour purple?

    (well, I guess it does when it comes to confectionery, and 3M has it for its products… tape? floppy disks? Post-its? What else does 3M make… quite a lot of different things, if I recall correctly)

    • [–]

      Elly Hart

      Wednesday, October 27, 2010 at 9:26 AM

      According to Australian courts, Cadbury has no claim to the colour purple: http://bit.ly/b10VWW

      The 3M ruling in this article falls under US law.

  • [–]

    Daniel Busoli

    Wednesday, October 27, 2010 at 9:31 AM

    From Cadbury’s webiste:
    © Cadbury Pty Ltd 2010 | All brands and logos/images accompanied by ® or TM, and the colour purple are Cadbury Group trade marks used under licence.

    From ANZ’s website:
    © Australia and New Zealand Banking Group Limited (ANZ) 2010 ABN 11 005 357 522. ANZ’s colour blue is a trade mark of ANZ.

    • [–]

      Brendon

      Wednesday, October 27, 2010 at 1:10 PM

      The only reason I was about to comment on this article was to point out exactly what you just said those exact brands. :)

  • [–]

    Ash

    Wednesday, October 27, 2010 at 10:12 AM

    Purple pants is a crime and legal goons will be chasing you should you commit this offence.

  • [–]

    Dale

    Wednesday, October 27, 2010 at 10:21 AM

    The products in question are high performance sanding belts, which are (surprise, surprise) purple.

  • [–]

    Adrian

    Wednesday, October 27, 2010 at 3:24 PM

    umm… Cadbury aren’t selling plastic, vinyl films or sticky tape.

    It only applies, (if you read the article properly), if you were going to sell/market a competing product in the same colour.

    If 3M were to start selling Choclate -
    A) It won’t taste very good
    B) It’d be very hard to get to it, before A takes effect…

    sorry… bad humor

  • [–]

    AnthonyP

    Wednesday, October 27, 2010 at 4:37 PM

    I believe Pantone own all the colours these clowns use!

    Ever see a Pantone colour sample book. Every colour these companies use are all listed and all pantented!

  • [–]

    gargravarr

    Wednesday, October 27, 2010 at 5:21 PM

    The wall behind my bed is purple. And that’s the way it will stay. Sorry 3M.

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