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.
Field of Research
150505 Marketing Research Methodology
Socio Economic Objective
970118 Expanding Knowledge in Law and Legal Studies