Originally Posted by ryan92084
You are mixing up patenting and trademarking. This topic is about trademarks.
Patents gave us the dumb Apple v. Samsung fight over rounded corners.
Trademarks prevent Samsung from slapping a fruit on their phone and calling it an iPhone.
In this case Mayhems has a product line (not just a color) called pastel and TT has come out with a competing line and also called it pastel (again not just a color). TT could have called their line Milky and named a color pastel pink and Mayhems would have a much harder fight if they wanted to be trolly about it but that isn't what is going on.
I'm thinking about Apple the computer company and Apple the music label, or MS Windows. Not sure about other countries, but in US, if you don't defend your trademark, you lose it.