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Preserving Color With Intellectual Property Law




Karen Bobby, BBA LLB, Christ (Deemed to be University)

ABSTRACT

“We live in a world of color”. Without colors, it is impossible to envision our lives. There are many colorful things, items, experiences, and decorations in the world, particularly in the realm of marketing and advertising, which includes trademarks and copyrights. The IPR Regime should be distinctive and be able to set the brand's goods and services apart from other goods and services, whether it is through the use of a single color or a variety of colors. However, discussions on whether a color can serve as a trade mark and be registered as such are now over. The majority of authorities, including the EU, assume that despite its uniqueness, abstract color can occasionally become an independently registered trade mark. When it comes to copyright of color it is a whole different regime. Copyright doesn't cover colors on their own. For instance, a painting's color scheme is protected by copyright, and the painting's author is the owner of that copyright. A work of art is a reflection of the artist's soul, into which the artist has poured the hues of his or her emotions and beliefs. “A painter should begin every canvas with a wash of black, for all things in nature are dark except where exposed by the light,” remarked the famous Italian artist Leonardo da Vinci. The need to safeguard the artist's vision when it converges on a canvas has led to the inclusion of intellectual property rights in the Indian legal system today with the development of new opportunities. In this Article, the author discusses the copyrightabilty and trademark of colors in immersive art along with why it is controversial while discussing various landmark cases.

Keywords: Color, Art, Copyright, Trade Mark, Intellectual Property Rights.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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