Pantone LLC, established in 1962, is a name synonymous with colour accuracy and innovation. It transformed the design industry with its pioneering colour communication system, forever changing how colours are identified, communicated, and protected. As a beacon of precision and creativity, Pantone’s journey from revolutionizing colour language to becoming a key player in intellectual property (IP) law is a testament to its enduring influence.
The Evolution of Pantone:
Pantone’s game-changing innovation arrived in 1963 with the Pantone Matching System (PMS), a standardized colour reproduction system that debuted with 500 colours. Designers and manufacturers across industries gained a common language for colour, ensuring brand integrity across varied platforms. Over the decades, Pantone’s influence only deepened.
By partnering with tech giants such as Adobe and Microsoft in the 1980s, Pantone integrated its colour standards into digital tools, streamlining colour selection in creative industries. The establishment of the Pantone Colour Institute in 1986 further cemented Pantone’s role in colour consulting and trend forecasting. The institute became a key player in colour strategy, aiding brands in developing palettes that tied colour psychology to brand identity.
Pantone’s ability to evolve with the times was exemplified with the launch of the Pantone Plus Series in 2010, an enhanced version of its flagship system. In 2016, it reinvented the “myPantone” app as Pantone Studio, an advanced platform for colour exploration. Apart from this, a notable milestone includes the introduction of the annual Pantone Colour of the Year campaign, launched in 1999, which has become a significant event for design trends.
This year’s choice, Peach Fuzz (13-1023), a warm, playful pastel hue in the red-orange spectrum, encapsulates Pantone’s mastery in shaping global colour trends. Its warm pastel conjures chic suede-finished upholstery and the velvety skin of its namesake fruit.
Pantone’s Colour Standards: The Foundation of Design
Pantone’s impact spans industries such as textiles, fashion, interior design, and graphic design. The Pantone Plus Series contains over 10,000 standardized colours organized by a proprietary numbering system, ensuring accurate communication across materials and platforms. For brands, this precision is critical to maintaining consistency and brand recognition, especially in a world where colour can make or break a product.
Pantone’s influence transcends professional industries, extending to everyday life through its Pantone Lifestyle brand. Collaborations with leading brands in home furnishings, fashion, and even technology have brought Pantone colours into consumer products. Noteworthy partnerships include Pantone’s collaboration with Cariuma to create sustainable sneakers in the 2024 Colour of the Year and with Motorola to incorporate Peach Fuzz into their latest smartphone models.
Additionally, Pantone’s partnership with Tiffany & Co. brought the iconic Pantone colours to their luxury jewellery line, and Pantone’s partnership with Kate Spade New York (a fashion Company) has featured Pantone hues in their vibrant accessories. These collaborations illustrate how Pantone has become an integral part of modern design and consumer culture.
Pantone Colour Institute and Intellectual Property
One of Pantone’s vital roles is its impact on intellectual property, particularly in the realm of colour trademarks. The Pantone Colour Institute provides expert advice on colour strategy, branding, and product identity, recognizing the powerful link between colour and consumer engagement. Research has shown that colour influences up to 85% of product purchases, making it a crucial asset for companies seeking brand distinction.
Colour trademarks have become a contentious area within intellectual property law, with several high-profile legal battles highlighting their importance. Pantone’s system is often cited in legal disputes over single-colour trademarks, providing a clear reference point in cases where colour plays a critical role in brand identity.
In India, under the Trade Marks Act, 1999, (“Act”), as per section 2(1)(zb), “trade mark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging and combination of colours and as per section 2(1)(m), “mark” includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof. Hence, a combination of colours may be considered distinctive for the purposes of trademark protection only when it can be demonstrated that the combination of colours is so closely associated with a product or brand that the product or brand can be recognized by the particular combination of colours only.
Legal Challenges and Case Studies:
One of the most notable cases involving colour trademarks is Cadbury UK Limited v. The Comptroller General of Patents Designs and Trademarks & Société Des Produits Nestlé S.A. (Case No. A3/2016/3082). Cadbury sought to protect its use of Pantone 2865C, a distinctive shade of purple on its chocolate wrappers. The Court sided with Cadbury, acknowledging that the shade had acquired distinctiveness through extensive use and consumer recognition.
In the case of Colgate Palmolive Company v. Anchor Health & Beauty Care Pvt. Ltd. 2003 (27) PTC 478 Del, Colgate sought ad interim injunction against the use of trade dress and colour combination of one-third red and two-third white, in that order, on the container of its product viz. Tooth Powder by adopting a similar trade dress particularly the colour combination of “red and white” Anchor was “passing off” the goods of Colgate as its own. The Court held that it is the overall impression that a customer gets as to the source and origin of the goods from the visual impression of color combination, shape of the container, packaging etc. If illiterate, unwary and gullible customers get confused as to the source and origin of the goods which they have been using for longer periods by way of getting the goods in a container having a particular shape, and color combination and getup, it amounts to passing off. In other words, if the first glance of the article without going into the minute details of the colour combination, getup or layout appearing on the container and packaging gives the impression as to deceptive or near similarities in respect of these ingredients, it is a case of confusion and amounts to passing off one’s own goods as those of the other with a view to encash upon the goodwill and reputation of the latter. In the said case the Indian judiciary acknowledged colour as a part of trade dress and provided protection to it in the present case by injuncting Anchor from using the colour combination of red and white in that order as trade dress on the container and packaging.
Another important case is Christian Louboutin SAS v. Mr Pawan Kumar (2016), where Louboutin’s iconic red sole was declared a well-known trademark by the Delhi High Court under Section 11(6) of the Trade Marks Act, 1999. Louboutin’s distinctive red sole became synonymous with luxury footwear, further solidifying the importance of colour in branding. However, in the case of Christian Louboutin v. Abu Baker CS (COMM) No. 890/2018, the Delhi High Court refused to grant registration to a single colour trademark. The Court in its ratio decidendi stated that the mark was just consisting of a single colour red which is invalid as per the definition of a mark under Section 2 (1) (m) of the Trademarks Act, 1999. The section requires a mark to constitute a “combination of colours”. The interpretation of the words “combination of colours” lays down the intention of the legislature to not allow single-colour trademarks. Finally, in Christian Louboutin v. Ashish Bansal CS(COMM) 503/2016, the Delhi High Court ordered in favour of Christian Louboutin, holding that they were successful in establishing that the Defendants’ use of the red sole amounted to an infringement, and thereby free-riding on Louboutin’s goodwill and reputation. In reaching this decision, the Court relied on factors indicating that Louboutin red-sole shoes had acquired distinctiveness due to their long and continuous use.
In Marico Limited vs Mr Mukesh Kumar & Ors., the Delhi High Court ruled in favour of Marico, protecting the blue Pantone 285C bottle used for its popular Parachute hair oil. The Court was of the view that Marico was not claiming monopoly over the single colour but the cumulative effect of the packaging, which is inclusive of the blue-coloured bottle and the packaging. The Court found the combination of the colour and packaging to be novel, and distinctive thereby acting as a source identifier.
Similarly, in the case of Deere & Co. & Anr vs. Mr Malkit Singh & Ors., the Delhi High Court granted protection to the Plaintiff’s green and yellow colour combination used uniquely on its tractors manufactured for agricultural use on the basis of reputation, distinctiveness and instant source of identification of plaintiff’s products, more so as such colour combination was in use for 100 years and the public at large had come to associate the yellow wheels and green body with Deere tractors.
Protecting Single Colour Trademarks:
Colour is more than just an aesthetic choice; it is a powerful tool for brand identity and consumer recognition. Companies must choose colours that align with their brand identity and ensure consistent use across all platforms. Pantone’s rise as the global authority on colour highlights how critical it is to maintain consistency across platforms, whether through digital or physical media. Brands must strategically select and safeguard colours that resonate with their audience, ensuring that these choices reinforce their values and ethos. For brands seeking to protect single-colour trademarks, careful strategic planning is crucial. However, protecting single-colour trademarks requires demonstrating either inherent distinctiveness or acquired distinctiveness. Inherent distinctiveness arises when a colour is naturally unique to the industry, whereas acquired distinctiveness develops through long-term use and consumer association.
Some essential steps include:
- Establishing Inherent Distinctiveness: To demonstrate that the colour is not commonly used in the relevant market and is inherently distinctive.
- Indicating Acquired Distinctiveness: To provide evidence of extensive and continuous use, including surveys, sales figures, and advertising.
- Graphic Representation Requirements: To include a clear description and internationally recognized identification code (e.g., Pantone Matching System) in the trademark application. Utilizing Pantone’s colour standards when filing for trademarks can provide clarity and avoid disputes.
- Avoiding Functional Colours: A key principle in trademark law is the exclusion of functional colours—those which serve a utilitarian purpose, such as improving visibility or indicating a product’s quality. To ensure the colour is not functional or directly related to the product’s quality. Functional colours are less likely to receive protection, as they serve a practical role that other brands should not be barred from using.
- Strategic Considerations for Complex Marks: If the colour is part of a complex mark, to show that it plays a significant role in brand recognition.
- Legal and Market Considerations: To be aware of local legal requirements and potential conflicts with existing marks.
Pantone’s impact on the design world and Intellectual Property is profound. By providing a universal language for colour and influencing trends, Pantone has become a cornerstone of colour communication and branding. The challenges associated with protecting single-colour trademarks highlight the complex intersection of design and law, where Pantone’s standards and colour expertise continue to play a vital role. As colour remains a powerful element of brand identity, understanding and navigating these Intellectual Property issues as highlighted in the case law above will be crucial for companies aiming to leverage colour as a strategic asset.
