Legal Question in Intellectual Property in Florida

School Copywrite

Hello. I would like to know if you put two color ornaments which resemles school colors is legal. No school logos or anything, just colors. Your answer would be greatly appreciated.

Thank you very much.

D. Fernandez


Asked on 3/21/07, 11:09 am

3 Answers from Attorneys

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: School Copywrite

If they are just colors -- not arranged in any particular manner to resemble a logo, design or something like that -- you should be OK. There is no trademark on colors, but you run in to problems if you arrange the colors to create a logo that is like that of the school.

For instance, think about a Pepsi Can. You can use blue and white on an ornamant -- but if you arrange the blue and white to look like the symbol on tghe pepsi can, then you cross the line.

When you get your design, you should probably run it past a lawyer to make sure so he or she can compare it to the school design or logo.

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Answered on 3/21/07, 11:20 am
David Willig David S. Willig, Chartered

Re: School Copywrite

There exists in the law of intellectual property a concept known as "trade dress" which can protect a color scheme in the presentation of a product. An example would be the distinctive yellow box for "Kodak" film. If you need further assistance, our firm operates world-wide and in areas such as copyright, trademarks, licensing and the like.

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Answered on 3/21/07, 11:22 am
Johm Smith tom's

Re: School Copywrite

You might also consider getting permission from the school. But if you are spoofing the school you may be able to use its colors for that purpose as fair use. Feel free to contact me directly.

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Answered on 3/21/07, 11:58 am


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