Colors, Brands, and Trademarks
研究了法院如何评估颜色商标的显著性，比较了三种测量品牌与颜色关联度的方法，发现新方法更可靠且不易被质疑。
<h3>ABSTRACT</h3> The successful registration of a color as a trademark requires the courts to assess whether the color has developed secondary meaning with respect to a specific brand. Survey evidence often is used to support distinctiveness claims but frequently carries little weight because of criticisms of the methodology used. Cadbury9s application to register the color purple in New Zealand, for instance, provided a context for comparing three methods of establishing brand/color distinctiveness: a traditional approach and two novel approaches involving a color wheel and choice modeling. All three methods revealed strong associations between Cadbury and purple, but the new methods tested are potentially more robust and less susceptible to challenge in the courts.