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

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.