Luxury brands spend copious amounts of time, money, and resources to protect their brands, trademarks, and intellectual property. But even so, the counterfeit market keeps growing, and annual losses from counterfeit goods reach well into the billions. Leading luxury retailers are now turning to blockchain technologies in an effort to douse the flames. By providing accurate, transparent, and verified data directly to consumers, blockchain might allow luxury brands to radically change the playing field.
Pink insulation, green tractors, robins-egg blue jewelry boxes—they all have something in common: recognizable colors that many associate with products. But can colors be registered as trademarks and, if so, when? On April 8, 2020, the United States Court of Appeals for the Federal Circuit provided welcome guidance for trademark owners and practitioners on the nuanced area of protecting trademarks consisting solely of colors.