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Marketing and the law: defending single color trademarks


  • Keating, Byron W.
  • Coltman, Tim


Most international jurisdictions have sought to broaden their definition of a trade mark following the Qualitex v Jacobson Products (Qualitex Case)2. In Australia, the Trade Marks Act (Cth) 1995 was introduced to recognise that colors, scents, shapes and sounds could be registered as a trade mark provided the mark was capable of distinguishing, in the course of trade, the proprietor’s goods or services from the goods or services of others. However, to date, it has proven extremely difficult to defend the registration of a single color trade mark in Australia.

Suggested Citation

  • Keating, Byron W. & Coltman, Tim, 2008. "Marketing and the law: defending single color trademarks," MPRA Paper 40491, University Library of Munich, Germany.
  • Handle: RePEc:pra:mprapa:40491

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    References listed on IDEAS

    1. Hausman, Jerry & McFadden, Daniel, 1984. "Specification Tests for the Multinomial Logit Model," Econometrica, Econometric Society, vol. 52(5), pages 1219-1240, September.
    2. Christopher D. Azevedo & Joseph A. Herriges & Catherine L. Kling, 2003. "Combining Revealed and Stated Preferences: Consistency Tests and Their Interpretations," American Journal of Agricultural Economics, Agricultural and Applied Economics Association, vol. 85(3), pages 525-537.
    3. Louviere,Jordan J. & Hensher,David A. & Swait,Joffre D., 2000. "Stated Choice Methods," Cambridge Books, Cambridge University Press, number 9780521788304, May.
    4. Bettman, James R & Luce, Mary Frances & Payne, John W, 1998. " Constructive Consumer Choice Processes," Journal of Consumer Research, Oxford University Press, vol. 25(3), pages 187-217, December.
    5. Daniel McFadden, 2001. "Economic Choices," American Economic Review, American Economic Association, vol. 91(3), pages 351-378, June.
    6. Peter C. Fishburn, 1974. "Exceptional Paper--Lexicographic Orders, Utilities and Decision Rules: A Survey," Management Science, INFORMS, vol. 20(11), pages 1442-1471, July.
    7. Erik Brynjolfsson & Lorin M. Hitt, 2000. "Beyond Computation: Information Technology, Organizational Transformation and Business Performance," Journal of Economic Perspectives, American Economic Association, vol. 14(4), pages 23-48, Fall.
    8. Hensher, David & Louviere, Jordan & Swait, Joffre, 1998. "Combining sources of preference data," Journal of Econometrics, Elsevier, vol. 89(1-2), pages 197-221, November.
    9. Swait, Joffre & Ben-Akiva, Moshe, 1987. "Incorporating random constraints in discrete models of choice set generation," Transportation Research Part B: Methodological, Elsevier, vol. 21(2), pages 91-102, April.
    10. Daniel McFadden & Albert Bemmaor & Francis Caro & Jeff Dominitz & Byung-Hill Jun & Arthur Lewbel & Rosa Matzkin & Francesca Molinari & Norbert Schwarz & Robert Willis & Joachim Winter, 2005. "Statistical Analysis of Choice Experiments and Surveys," Marketing Letters, Springer, vol. 16(3), pages 183-196, December.
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    More about this item


    Trade marks; marketing; color;

    JEL classification:

    • M31 - Business Administration and Business Economics; Marketing; Accounting; Personnel Economics - - Marketing and Advertising - - - Marketing
    • K13 - Law and Economics - - Basic Areas of Law - - - Tort Law and Product Liability; Forensic Economics


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