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.
True, very similar anyway. It's just trolling by companies and paying lawyers. If TT was trying to sell TT Mayhems Pastel, OK fine that's not OK but selling TT Pastel... why the hell not it's as if you couldn't sell TT Red because there is YouTube Red. Or BMW Pastel because there is Ford Pastel...
Pastel is too generic a word to be trademarked IMHO. But as it goes with this if companies have the $$$ to throw they go and trademark every name they can generate whether they use it or not.
Someone is going to trademark, probably already did, the whole color palette so they can sue everyone who tries to use it.