Owning Colors and Other Basic Elements of Consciousness
I used to keep track of all the outrageous ways in which culture is being locked up through property rights: common words (“entrepreneur” as a trademark), three notes of music (the NBC chimes), smells (mown grass on tennis balls), synthetic elements of the Periodic Table (patents on nano-matter), i
mages of now-deceased celebrities (Marilyn Monroe, Elvis), and more. Since publishing Brand Name Bullies in 2005, I have lost much of my compulsion to collect such stories – but I remain fascinated by lurid sightings of the ownership ethic run amok.
So I perked up when I saw Salon’s recent piece, “Can You Own a Color?” by Jude Stewart. The article is about how certain colors have been appropriated by major companies as trademarks, or more accurately, as “trade dress.” It’s a bit dismaying to realize how much of the color palette in our consciousness has been effectively appropriated by corporate interests, at least as a matter of reflexive cultural identification.
What’s legally ownable may be another matter. Just because UPS has a trademark in that certain shade of brown for its delivery trucks, and just because Cadbury Chocolate has a trademark in that certain shade of purple, does not mean that they own the color outright. But sometimes it comes close. Legally, their trademark is only for colors in a stipulated category of goods or services.
bottom-up initiatives, and social innovation.” 


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