Question

Intellectual Property in Fashion/ Trademarking color in the Red Sole case was

Group of answer choices

a. Not allowed as color can’t be trademarked

b.Allowed if the rest of the shoe was of a contrasting color

c.Not allowed as the color had been copyrighted and not trademarked

d.None of the above

Answer 1

Intellectual Property in Fashion/ Trademarking color in the Red Sole case was

Option (b) is correct. Allowed if the rest of the shoe was of a contrasting color. The trademark excludes any red shoe with a red sole. So, it is allowed if the rest of the shoe was of a colour other than red.

Option (a) is incorrect. Color can be trademarked. Color is the brand when it is trademarked. The use of the color in a market sector is protected by trademark.

Option (c) is incorrect. Not allowed as the color had been copyrighted and not trademarked. This is not the case for Red soled shoes.

Hence, Intellectual Property in Fashion/ Trademarking color in the Red Sole case was allowed if the rest of the shoe was of a contrasting color.

Answer is b.