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.

From Launch Date to Court Date: The Curious Case of the Motorola Xoom

Ever since Apple’s launch of is iPad tablet helped jump start (if not redefine) the tablet computer marketplace, other manufacturers have been playing catch-up for a piece of the action.  As Apple’s launch of the iPad 2 was looming on the horizon, Motorola launched its own Android-based tablet computer the end of February 2011 to […]

Tiffany Feeling Blue: SCOTUS Denies Certiorari in eBay case

Well, a long a protracted legal battle between Tiffany & Co. and eBay over the sale of counterfeit goods through eBay’s online auction site has come to an end that has Tiffany feeling at least as blue as its trademark color.  This past Monday, the Supreme Court of the United States (SCOTUS) denied certiorari to […]

Beyond VeRO: Using eBay’s Tools and Policies to a Rights Owner’s Advantage

Few would argue that the Internet has facilitated game-changing means and avenues for advertising, promotion and distribution of merchandise to the consumer.   Fewer still would argue that the electronic marketplace hasn’t been a boon for the attendant distribution of counterfeit and gray-market goods.   For eBay, the online auction giant, this problem has forced it to […]