General Discussion

merrily

(45,251 posts)

36. Trademarks did not arise under the commerce clause. They existed long, long before the

Wed Feb 4, 2015, 08:16 PM

Feb 2015

Constitution. However, the commerce clause may be the source of power that the federal government claims power to regulate trademarks, as opposed to leaving that to the state statutes and state courts.

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UPS says it has a copyright on the color brown. [View all] dixiegrrrrl Feb 2015 OP

My underwear begs to differ. yourout Feb 2015 #1

Now THAT's funny... sendero Feb 2015 #56

Maybe they are claiming it as a trademark for mail delivery. merrily Feb 2015 #2

Shh...stop making sense. Atman Feb 2015 #6

This message was self-deleted by its author Atman Feb 2015 #14

I am not 100% convinced that trademarks should be granted in colors, even for limited merrily Feb 2015 #15

Owens Corning pink fiberglass insulation is a good example jberryhill Feb 2015 #20

Pink fiberglass is the very example I gave in Reply 2. merrily Feb 2015 #30

But I actually agreed with you, although not entirely. Atman Feb 2015 #21

Same brown with the same yellow logo is very different from just brown. merrily Feb 2015 #34

It makes sense in many cases. NutmegYankee Feb 2015 #35

That is a good one jberryhill Feb 2015 #47

Actually, my OP is pure tongue in cheek, which most people seem to have figured out... dixiegrrrrl Feb 2015 #23

You are correct... sendero Feb 2015 #59

I think Oprah grabbed the colour purple. Erich Bloodaxe BSN Feb 2015 #3

Damn..and my favorite color, too. dixiegrrrrl Feb 2015 #24

That's clearly what the founders intended when they wrote Art 1, Sect 8: "To promote the Progress... Faryn Balyncd Feb 2015 #4

Trademarks have nothing to do with that clause jberryhill Feb 2015 #22

Trademarks did not arise under the commerce clause. They existed long, long before the merrily Feb 2015 #36

The difficulty is... jberryhill Feb 2015 #46

No, none of that affects anything in my Reply 36. merrily Feb 2015 #54

You might find this a good read jberryhill Feb 2015 #55

Thank you, but that also does not affect the accuracy of my Reply 36. merrily Feb 2015 #57

Lol, you read fast jberryhill Feb 2015 #58

Reading it was not necessary to know it does not affect my Reply 36. merrily Feb 2015 #60

It's a trademark, not copyright. So if you start another delivery company don't use Brown. PoliticAverse Feb 2015 #5

So, do other delivery companies have to filter their ads (including TV)? FiveGoodMen Feb 2015 #8

No jberryhill Feb 2015 #26

So what happens if multiple delivery companies run out of colors? pnwmom Feb 2015 #10

Then there would be a "commercial necessity" argument jberryhill Feb 2015 #29

Not to worry..see # 33 comment, below. dixiegrrrrl Feb 2015 #41

How about employing brown delivery people? Faryn Balyncd Feb 2015 #12

My Fed Ex Man RobinA Feb 2015 #61

Have the Seattle Seahawks trademarked blue? KamaAina Feb 2015 #7

No jmowreader Feb 2015 #49

Well, they must be feeling blue after Sunday KamaAina Feb 2015 #50

I'm starting to wonder... jmowreader Feb 2015 #52

So which chickenhawk has trademarked yellow? KamaAina Feb 2015 #9

Ted Nugent begs to differ. KamaAina Feb 2015 #11

This Sick Beat. Iggo Feb 2015 #13

That actually doesn't function as a mark jberryhill Feb 2015 #48

You might think about correcting your OP onenote Feb 2015 #16

So let's say that you had a tractor company named "John Deere"... Atman Feb 2015 #17

So everytime I take a shit, I will have to pay them a royalty???? madinmaryland Feb 2015 #18

Shhhh...don't tell them....n/t dixiegrrrrl Feb 2015 #27

Are you offering 2 day delivery of it to anywhere in the US? jberryhill Feb 2015 #28

There were industrial color wars in the late 19th c. daredtowork Feb 2015 #19

UPS Brown may be trademarked agent46 Feb 2015 #25

Dunno, I've just recently flushed some UPS brown down the hopper Warpy Feb 2015 #32

OK ... I claim green. lpbk2713 Feb 2015 #31

Crosley Bendix better trademark Squant soon then! kentauros Feb 2015 #33

Most of us don't know squant, I see. dixiegrrrrl Feb 2015 #40

No, we don't. kentauros Feb 2015 #43

So much for the Brown� bag lunch... KeepItReal Feb 2015 #37

Does that mean I can't wear my brown work shirt madokie Feb 2015 #38

When DHL tried to expand into domestic delivery - LiberalElite Feb 2015 #39

I Remember That RobinA Feb 2015 #62

My shit says they don't. nt BootinUp Feb 2015 #42

Oh crap!!! 2naSalit Feb 2015 #44

I have a good friend... malokvale77 Feb 2015 #45

The USPS RobinA Feb 2015 #63

yep!!! oldandhappy Feb 2015 #51

So glad you caught on to the tongue in cheek. dixiegrrrrl Feb 2015 #64

Two things: 1. You can only trademark colors for specific objects/applications. DetlefK Feb 2015 #53