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Color, champagne, and trademark secondary meaning surveys : devilish detail

Bednall, David, Gendall, Phillip, Hoek, Janet and Downes, Stephen 2012, Color, champagne, and trademark secondary meaning surveys : devilish detail, Trademark reporter, vol. 102, no. 4, pp. 967-1013.

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Title Color, champagne, and trademark secondary meaning surveys : devilish detail
Author(s) Bednall, DavidORCID iD for Bednall, David orcid.org/0000-0001-7549-770X
Gendall, Phillip
Hoek, Janet
Downes, Stephen
Journal name Trademark reporter
Volume number 102
Issue number 4
Start page 967
End page 1013
Total pages 46
Publisher International Trademark Association
Place of publication New York, N. Y.
Publication date 2012
ISSN 0041-056X
Keyword(s) trademarking
Summary This article first outlines the requirements for trademarking color and describes the VEUVE CLICQUOT brand. It then describes possible designs for testing whether the color orange serves as a trademark. For each element of the survey, the design dilemmas that must be resolved prior to implementation are described, and specific solutions to these design dilemmas are suggested. As a final contribution, the article looks at arguments that may be raised against the design elements and suggests ways that these arguments may be anticipated and minimized by using a specific design logic. In this way, this article will help expert researchers produce specific, defensible designs that will be of use to courts and tribunals.
Language eng
Field of Research 150505 Marketing Research Methodology
Socio Economic Objective 970118 Expanding Knowledge in Law and Legal Studies
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2012, International Trademark Association
Free to Read? Yes
Persistent URL http://hdl.handle.net/10536/DRO/DU:30049010

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Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact drosupport@deakin.edu.au.