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From ArsTechnica
General Mills argued that it deserved to be awarded the trademark status because "consumers have come to identify the color yellow" on boxes of oats cereal with "the Cheerios brand." It has been marketed in yellow packaging since 1945, with billions in sales.
The board noted that "there is no doubt that a single color applied to a product or its packaging may function as a trademark and be entitled to registration under the Trademark Act." But that's only if those colors have become "inherently distinctive" in the eyes of consumers. Some of those examples include UPS "Brown;" T-Mobile "Magenta;" Target "Red;" John Deere "Green & Yellow;" and Home Depot "Orange." It goes without saying that anybody can still use those colors predominately in their marketing, but not direct competitors.
Regarding the box of Cheerios, however, the court ruled that consumers don't necessarily associate the yellow box of cereal with Cheerios, despite General Mills' assertion to the contrary. Consumers are confronted with a multitude of yellow boxes of oats cereal, the appeal board noted. By comparison, T-Mobile has only a handful of competitors, and none of them uses the magenta color as a distinctive mark, the appeal board said.
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(Score: 2) by Runaway1956 on Monday August 28 2017, @01:07PM
Some explanation is in order, it seems. You say that this particular shade of yellow will always look the same to me - and - I can't argue that. It can't look any different, one day to the next. No, I'm not blue or yellow color blind, so that yellow should always stand out. Except, it doesn't, exactly. Lighting, decor, the colors of things in the vicinity of the Cheerios box, all have an effect on what I percieve. Put up some Christmas decorations, and that Cheerios yellow will stand out plainly. Go with Halloween decorations, and Cheerios begins to fade. Put the cereal aisle near the front or side of the store with windows, I'll see the yellow right away. In another store, with dingy flourescent lighting far from the storefront, that box looks quite different.
And, we're back to my original post, really. I can't explain my world of color to you, and I don't suppose anyone is going to explain how many colors they can readily identify to me.
This is one reason that I dislike "warm" lighting, and prefer "daylight" over any other color/temperature of lighting. I can see a lot more color in daylight, than in any other lighting. Or course, even then, I can't see much more than a fraction of reds and greens.
Hail to the Nibbler in Chief.