Re: manufacturer color names and copyright

On Thu, Oct 28, 1999, Bob Schmidt <bobsch[_at_]olypen.com> wrote:
>
> I've seen several needlework software programs that allow the
> user to select thread or floss colors from color tables listing
> a manufacturer's color name or number and the color. Such as
> DMC 4321 Ravishing Red or JP Coats 1444 Benign Blue (not the
> real color names).
>
> I am developing a software program in which I would like to
> use manufacturers' color names (some names seem pretty generic)
> and their numbers in same fashion as some of the existing commercial
> programs -- user can select what brand of floss to use and gets that
> manufacturer's color tables displayed for particular image/pattern
> being worked on.
>
> What, if any, copyright issues would I be facing in respect to
> using the manufacturers color tables and their color names?
> Can names of colors be copyrighted? Would I need to obtain
> permission to use a manufacturer's name and their color
> identification codes for their various threads and flosses?
>
> Any feedback appreciated. Thanks and best regards, Bob

This is a trademark rather than a copyright question. Though some color tables might be copyrightable subject matter, manufacturers' business names and brand names are protected by trademark law. Generally speaking, if you are using those trademarks expressly to refer to the manufacturers in question and to their products, and if you make it clear that those manufacturers are not the source of your service and do not sponsor or endorse your service, then your use of their marks and names is arguably a fair one. However, in this case, since what you are doing is likely to benefit the manufacturers as well as the customers, you might want to approach them for permission as well as a possible business relationship.

Bob

Robert C. Cumbow
> Graham & Dunn, P.C.
> 1420 Fifth Avenue, 33rd Floor
> Seattle, Washington 98101-2390
> Phone: 206-340-9619
> Fax: 206-340-9599
> E-mail: rcumbow[_at_]grahamdunn.com
> Website: http://www.grahamdunn.com/
Received on Fri Oct 29 1999 - 22:25:19 GMT