In this case though M&M packages have been brown for as long as I can
remember--if they have any sense the courts will tell Hershey that that
ship sailed before anybody present in the courtroom was born. And if
there was any justice they'd also award M&Ms punitive damages for their
trouble in putting up with Hershey's harassment.
And the statute needs to be changed so that only unique and distinctive
colors or combinations of color are protected, and that packaging that
approximates the natural color of the commonplace product contained
therein is _never_ protected. Either that or there has to be a "common
sense" test given to judges before they are allowed to take the bench.
Perhaps we need a Constitutional Amendment to the effect that if a
matter brought before the judge makes the judge giggle or do a facepalm,
the finding is immediately for the defendant, the plaintiff pays all
costs including inconvenience to the defendant, and counsel for the
plaintiff is immediately and permanently disbarred.
Actually, the suit is over new Dove packaging and its use of orange,
though Hershey admits there are shades of orange other than that
trademarked for Reese's packaging.
Wasn't it in this newsgroup where it was recently noted that 3M has
trademarked "purple," though it was unclear whether it was the word or
the color that was trademarked? In any case, isn't it nice to know that
in these days or high unemployement, the copyright lawyers likely will
not need to search for new jobs!
Owens Corning has a registered trademark on the color PINK. (for their
The Boston Red Sox hold a trademark on the shade of green that the stadium
wall is painted. You _can_ get paint in that shade, but part of the price
is a royalty to the ball team.
E.I. Du Pont has -- many years ago -- trademarked the oval, as a unique
design element in their logo.
Don't anybody tell Ford that.
Do you have a source for that information? I can't find anything on the
duPont site that suggests that an oval, devoid of the word "duPont", is
a registered trademark. Further, the US Patent and Trademark office has
no record of a geometric figure being registered to DuPont.
Odd - the two companies normally get along with each other.
From time to time one or the other asks for help from the other
in getting some chocolate raw materials. Their supplier was
caught in a storm or whatnot.
They have a pact that they help each other. I suppose some one
just got a new kid out of Harvard or Yale and had to test...
On 11/27/2010 11:07 AM, Robatoy wrote:
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