Prince’s Estate Succeeds in Registering the Color Purple as a Trademark

In connection with both entertainment services and audio and video recordings.  See, Prince Purple Building Registration FEB2020 and Prince Purple CD Registration MAR2020.

Paisley Park Enterprises now joins the ranks of Christian Louboutin (red on the soles of shoes, where the rest of the shoe is not red), Owens-Corning Fiberglas (pink insulation), Wolf Appliances (red knobs on cooking appliances), and Tiffany (robin’s egg blue for jewelry boxes) – the relatively few Applicants who have successfully established that the use of a certain color has a achieved a secondary meaning when applied to their products.

Note that the color does not serve any useful purpose in any of the aforementioned successful examples.  Examples of those that were unable to register a color mark because it was deemed functional include:

purple sandpaper, wherein the color was indicative of the grit size;

black bottles for beverages, as the dark color serves to keep out light; and

pink ceramic hip implants, because the pink color was a result of the reaction of device components.