February 11, 2019

Trademark Color Test: What Do You See?

By Bryan K. Wheelock, Principal

Four years ago, the internet quickly became obsessed over whether a particular dress was blue and black or white and gold.

Today’s color test is for trademark aficionados who are probably already familiar with Tiffany’s self-described robin’s egg blue used on its packaging and catalog covers. The color is also registered with the USPTO:

The question for trademark experts is: What color is 7cs Fashion House’s JC logo:

More simply, is it an infringing or non-infringing shade of blue?

While 7Cs Fashion House calls the color “teal,” Tiffany & CO. is seeing red, believing it to be an infringing shade of their robin’s egg blue color, and on February 6, 2019, filed Opposition 91246260 to block its registration.