Legal Question in Intellectual Property in Minnesota

Brown delivery uniform use in short film production

I am producing a short film in which,

one of the main characters is a delivery

person. The delivery company the

character works for will be something

bogus like ''oops'' or ''Fud-Ex'' or ''uqs''.

Its not important to the story... he's just

a delivery person.

Initially we began looking for a generic

brown work uniform which we would

apply our own patches to, to make it

look like a delivery outfit. Several

people involved in looking for the

uniform have been very adamant that

brown uniforms are somehow

copyrighted by UPS, and they have

trademarked ''Brown'' and brown

uniforms themselves.

So, can, I have a brown uniform in my

film?

It seems to me that they could

copyright a specific color of brown that

they invented themselves. It also seems

that they could have a trademark brown

uniform, based on its style, cut, color,

patches. But the idea that UPS con

prevent anyone from using the color

brown in delivery uniforms seems

beyond what the law allows.

Thanks for your insight.


Asked on 12/07/06, 10:48 pm

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: Brown delivery uniform use in short film production

UPS is well-known for its brown trucks, internally known as package cars (hence the company nickname "The Big Brown Machine", and sometimes, because of its NASCAR-related commercials, "The #88 Car"). The brown color that UPS uses on its vehicles and uniforms is called UPS brown, which was chosen because it is the same color that that was used on Pullman railroad sleeper cars, and was seen as professional and elegant. UPS has trademarked the color brown, which prevents other delivery companies from using it as part of their brand.

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Answered on 12/08/06, 7:22 am


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