Analysis of Color in Data Aids Courts in Making Unbiased Decisions Regarding Trademarks
In the dynamic world of creative industries, the implications of the 2025 Spending Review and the study of class inequalities in film funding are generating a buzz. Professor Dave O'Brien, University of Manchester, and Dr Peter Campbell, University of Liverpool, are delving into these issues, alongside other researchers.
Meanwhile, Dr Xiaoren Wang, a Postdoc research associate at CREATe, is focusing on a different aspect - the potential anti-competitive consequences of trade dress protection in color trademarks. This research, published in the journal of Trademark Reporter, Vol 112, No.3, proposes an empirical approach to measure such effects.
The leading methodology involves conducting rigorous consumer confusion surveys using experimental designs. These surveys compare responses from a group exposed to the trade dress or color mark against a group not exposed, to identify genuine confusion attributable to the protected feature. This approach helps determine whether the trade dress or color trademark creates consumer perception barriers, which could potentially restrict market entry or competition.
While direct empirical studies on the anti-competitive consequences of color trademarks in trade dress protection are scarce, this confusion survey methodology forms the backbone of legal and academic analyses. The surveys adhere to established research standards to ensure validity, thereby providing an empirical basis for assessing whether trade dress protection leads to anti-competitive market conditions.
In the creative industries, the overall appearance of a product or service, known as 'trade dress' according to trademark law, is an important aspect. Many companies have obtained legal protection on the appearance of their products, such as Tiffany's egg-blue gift box, Christian Louboutin's red outsole on high heels, and T-Mobile's magenta branding.
Policy makers are also concerned with anti-competitive consequences if intellectual property protection is deemed too draconian. The US courts have developed the doctrine of 'aesthetic functionality', and the UK and European courts have adopted similar measures to avoid such consequences.
Elsewhere, research by Dr Ruoxi Wang, University of Sheffield, and Bernard Hay, Head of Policy at Creative PEC, is focusing on the self-employed workforce in England and Wales. Simultaneously, Professor Nick Wilson is discussing the Equity Gap in Britain's Creative Industries.
The creative industries are not just limited to artists and designers. Journalism occupations are also included on the DCMS's list of Creative Occupations. The Mahakumbh Mela, India, 2025, with a trade value of GBP 280 Billion, is another testament to the economic might of the creative industries.
The key findings of Dr Xiaoren Wang's research show that black has a larger market share than other colours on hats, scarves, and power cables on Amazon. Interestingly, the experiment reveals that black, blue, purple, and yellow are 'inelastic' at certain price points on winter hats and winter scarves.
As the creative industries continue to evolve, so does the need for empirical research to understand and navigate the complexities of intellectual property protection and market dynamics. The research by Dr Xiaoren Wang and others is a significant step towards this goal.
- The implications of the 2025 Spending Review and class inequalities in film funding are generating a buzz in the creative industries.
- Researchers like Professor Dave O'Brien and Dr Peter Campbell are delving into these issues.
- Meanwhile, Dr Xiaoren Wang is focusing on the potential anti-competitive consequences of trade dress protection in color trademarks.
- His research, published in the journal of Trademark Reporter, proposes an empirical approach to measure such effects.
- The leading methodology involves conducting rigorous consumer confusion surveys using experimental designs.
- These surveys are critical in determining whether the trade dress or color trademark creates consumer perception barriers.
- Anti-competitive consequences could potentially restrict market entry or competition.
- Direct empirical studies on the anti-competitive consequences of color trademarks are scarce, but this confusion survey methodology is a key part of legal and academic analyses.
- In the creative industries, the overall appearance of a product or service is an important aspect known as 'trade dress'.
- Many companies have obtained legal protection on the appearance of their products.
- Policy makers are concerned with anti-competitive consequences if intellectual property protection is deemed too draconian.
- Elsewhere, research is focusing on the self-employed workforce in England and Wales.
- Journalism occupations are also included on the DCMS's list of Creative Occupations.
- The Mahakumbh Mela, India, 2025, with a trade value of GBP 280 Billion, is another testament to the economic might of the creative industries.
- The key findings of Dr Xiaoren Wang's research show that black has a larger market share than other colors on certain products on Amazon, and certain colors are 'inelastic' at certain price points on winter hats and scarves.
