Colours can be Intellectual Property!

[Lol-x]

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!!

[BT1985]

Maybe The CHNR will become the new standard issue watch for all Duracell executives...


Sent from my iPhone using Tapatalk

[Grimm]

Colors look beautiful

[Cru Jones]

Stunning watch. I didn’t know you had one... congrats!!

[vladamir15]

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.

[Lol-x]

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.

[Lol-x]

Originally Posted by Cru Jones

Stunning watch. I didn’t know you had one... congrats!!

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..

[breitlings]

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.

[Al1969]

Comgrtas on the CHNR Steve.
You may have just started a nickname for it. The “Coppertop”

[Vvvlllooo]

To each his own, never tripped my trigger

[mailman]

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.

[037]

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?

[Joergen]

Such a stunning watch! Currently waiting for mine!

[Macnavara]

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.

[SearChart]

Beautiful watch, congrats Steve

[Lol-x]

Originally Posted by mailman

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.

Thanks Paulie
I think Rolex designed the colours very tastefully, they are supernice the way they all come together with rose gold, brown, black and stainless.

Originally Posted by 037

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?

Thank you, I felt that the hands and hour markers on the dial were a little plain for me with the Pepsi. It sounds weird but I just didn't do anything for me after the initial "wow a Pepsi". So I sold it, and the new TT was cheaper so it was a win/win.

Originally Posted by Joergen

Such a stunning watch! Currently waiting for mine!

Thank you

Originally Posted by Macnavara

Lovely watch....i reckon rolex came up with that combination in r and d then designed a watch around it as oppossed to deciding to make a brown black watch then setting about to create the bezel.

One will never know, but I like the result!

Originally Posted by SearChart

Beautiful watch, congrats Steve

Thank you very much!

[LuminousMaximus]

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...

[TswaneNguni]

Nice battery .Congrats !!

CHNR is very nice

[Burlington]

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.

[Cru Jones]

Originally Posted by Burlington

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.

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.

[Burlington]

Originally Posted by Cru Jones

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.

Sorry yes - protected, not patented.

[Linvx]

Originally Posted by Lol-x

I hope my passion for the TT is like the Duracell - it goes on and on and on..

That is Energizer, not Duracell.

[lhanddds]

Nice watch Steve, congrats