TM UPS Brown Gone Bad

The UPS driver was here today. He told me about a fake-brown UPS truck that was pulled over by a Department of Public Safety Detective. Before I go further, I should say that colors are difficult to trademark. Why? Because, the consumer must associate a particular color with a particular service or product. Famous color trademarks include John Deere Green and UPS Brown.

A marijuana distributor built a fake-brown truck with yellow UPS decals. The rumor among UPS drivers is that the Detective thought something was fishy because the fake-truck was the wrong shade of brown. This just shows how strong the trademark rights are in UPS brown -- it even stops shady criminals. (ugh!)  Read the story and see the truck.

While your at it, you might be interested in UPS's press release on "What can Brown do for you?".

The take away: if you want to trademark a color, you need to show how the public uses the color to identify your products and services (and not the marijuana dealers).

Other articles that may be helpful:

• Can I claim trademark to a product I am importing without the manufacturers consent?, March 19, 2009: Foremost, if the US distributor would like the exclusive right to distribute the European manufacturer’s widgets, the US distributor needs an exclusive distribution agreement. Trademarks do not confer the exclusive right to sell products. Trademarks protect consumers from becoming confused about who is selling them stuff. Protecting consumers from becoming confused is the real purpose...
• How to respond to a trademark office action that refuses or rejects your trademark application., March 12, 2009: The Examiner’s rejection begins a miniature proceeding (just like a case in a court of law). How and what to say is vital to overcoming the examiner’s trademark rejection and getting your mark registered....
• Counterfeit Tiffany Ring on eBay?, March 22, 2009: I just listed a Tiffany ring on eBay. I originally received the gift as a Christmas present. Tiffany’s lawyers say the ring is fake. The sent me a letter demanding $450, a letter from my lawyer and the ring. I am not sure if this is a fake Tiffany ring. I thought it was...