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29 December 2018, 09:03 AM | #1 |
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Colours can be Intellectual Property!
So sometimes one wonders where does Rolex get its inspiration from to make up new colour schemes.
We've seen Pepsi (blue & red). But where did Rolex get its inspiration for the CHNR? 126711Wrist.jpg Yes, the "Copper Top" of course!!! As a matter of law and colour combinations cannot be trade-marked but only if there is significant evidence put forward. Thankfully the CHNR is not a battery or battery operated, however it does have a power cell of sorts (a spring). For all those budding (and experienced) interlectual property lawyers, assuming that Duracell had a trade mark for copper/black, would there be a potential infringement by virtue of the colours of the CHNR? Enjoy your day!!
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29 December 2018, 09:09 AM | #2 |
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Maybe The CHNR will become the new standard issue watch for all Duracell executives...
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29 December 2018, 09:11 AM | #3 |
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Colors look beautiful
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29 December 2018, 09:21 AM | #4 |
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Stunning watch. I didn’t know you had one... congrats!!
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29 December 2018, 09:39 AM | #5 |
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Yes, thank you a second-hand piece came along a couple of days ago. The Pepsi for me, whilst had an initial attraction, was not enduring and so I let that go, and moved onto this TT which so far has scratched that itch. Also the TT was less expensive than the Pepsi and so what is not to like about that.
I hope my passion for the TT is like the Duracell - it goes on and on and on..
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29 December 2018, 09:54 PM | #6 |
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29 December 2018, 10:06 PM | #7 |
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Nice watch Steve, congrats
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29 December 2018, 09:30 AM | #8 |
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I actually recently watched an interesting video about this - https://youtu.be/TDRGpbxOBtM
Great informative channel. Apparently things like Tiffany blue are trademarked. But it’s only in the same category. i.e Rolex could use a brown color from the battery but can’t make a brown battery with the same brown color.
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29 December 2018, 09:31 AM | #9 |
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In Europe Duracell registered (EUTM8148934) with description the “colours copper and black in relationship of 1/3 copper and 2/3 black” (with Pantone numbers given).
Maybe Duracell will make a bulk order to Rolex for a shipment of 'copper-tops' for their top executives.
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29 December 2018, 09:39 AM | #10 |
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Interesting question. My grandfather, an IP litigator, and I talked about this once. He was working on a case regarding a perfume, the smell could not be protected under US IP laws but the bottle style and bottle color were and the case was regarding infringement on the bottle style and color.
IIRC there has to be some overlap in the offer (i.e. competition, substitutability) so a rolex wouldn't infringe on a battery but another battery (or competing similar offer e.g. hyper capacitor energy storage device) brand copying the color scheme could be infringing on the duracell patent. In the proposed case of Duracell v. Rolex there would likely be no infringement found and such a case may be dismissed by summary judgement. |
29 December 2018, 10:44 AM | #11 |
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Comgrtas on the CHNR Steve.
You may have just started a nickname for it. The “Coppertop”
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29 December 2018, 11:21 AM | #12 |
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To each his own, never tripped my trigger
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29 December 2018, 07:25 PM | #13 |
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Beautiful watch Steve Congratulations and enjoy it It's so nice in person. The RG is subtle and doesn't jump out like YG does.
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29 December 2018, 07:38 PM | #14 |
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Oh, great... so instead of Batman this one is Battery Man?
Congrats on the CHNR! Photos really don't do it justice. What happened with the BLRO? Didn't bond with it? Was it the colors or the bracelet? |
29 December 2018, 07:40 PM | #15 |
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Such a stunning watch! Currently waiting for mine!
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29 December 2018, 07:44 PM | #16 |
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Lovely watch....i reckon rolex came up with that combination in r and d then designed a watch around it as appossed to deciding to make a brown black watch then setting about to create the bezel.
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29 December 2018, 07:54 PM | #17 |
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Beautiful watch, congrats Steve
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29 December 2018, 08:36 PM | #18 | |||
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Quote:
I think Rolex designed the colours very tastefully, they are supernice the way they all come together with rose gold, brown, black and stainless. Quote:
Thank you Quote:
Thank you very much!
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29 December 2018, 08:47 PM | #19 |
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Wow, I never even thought about colors as Intellectual property... that's pretty neat, and to hear about some of the cases surrounding it.
And yes, that is one of the nicest closeup's I have seen. I immediately liked it when I first saw it at Basel, and then when the prices hit, I said I would wait... Congrat's on a HTG (hard-to-get) Rolex...
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29 December 2018, 09:03 PM | #20 |
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Nice battery .Congrats !!
CHNR is very nice |
29 December 2018, 09:20 PM | #21 |
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Congratulations on the watch.
The way our patent lawyer has explained it to me in the past is that specific colours can indeed be patented if not the ‘norm’ for the purpose used and are recognisable. For example you couldn’t protect a black tyre as that’s their usual colour, but if you made a red one that could in theory be protected in a specific shade. Hence a blue gift box, purple chocolate packaging, red soles on shoes etc. There are many different forms of IP though, patents, designs and trademarks which can protect different visual elements of products to list some. Copyright is a whole other story but am less familiar as doesn’t really apply to my day job much.
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29 December 2018, 09:35 PM | #22 | |
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Quote:
Not exactly. You probably can’t “patent” a color, but you could patent the process of creating the color (but only if novel and useful). On the other hand, you could trademark a color if that color is associated with your products or services. |
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29 December 2018, 09:38 PM | #23 | |
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Quote:
Sorry yes - protected, not patented.
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