Coloring Outside the Lines: Challenging Color as a Protectable Trademark?

Watching my oldest son color in his many coloring books and notebooks is a sight to behold. His crayon and marker meanderings may not sway a more “unbiased” eye, but to me, he’s a budding Kandinsky. I am continually amazed by his creativity…and, for an energetic little boy, the casual disregard for the lines he is supposed to color within. As they say, beauty is in the eye of the beholder…and in the context of trademark rights, such aesthetics appear to be at the core of a simmering area of trademark law involving the use of color as a trademark in the fashion industry.