THE PURPLE (RAIN) LOGO.

Pantone is a well-known American company that mainly deals with graphics technologies, color cataloging and the production of color identification systems.

In August 2017, Pantone registered a new color called “Purple One, Love Symbol #2” in homage to the late Prince Rogers Nelson, known to most simply as “Prince,” or the Minneapolis elf who passed away in 2016 at just 59 years old.

Pantone's operation follows the restored re-release of the film Purple Rain whose soundtrack was composed by Prince in 1984.

Following these recent events, Paisley Park Enterprises, the company that owns Prince's image rights, has filed a color trademark with the USPTO (United States Patent and Trademark Office) for a particular shade of purple.

Perhaps not everyone knows that among the signs that can be registered as trademarks, the Industrial Property Code also includes color combinations or shades, obviously on the essential assumption that they are capable of distinguishing the products or services of one company from those of other companies.

Moreover, colors and color combinations are increasingly used by companies to identify their products on the market; it's no coincidence that references to Tiffany "blue" or the bright "red" of Louboutin shoe soles are often made.

Most case law and academic writings tend to exclude the registrability of so-called pure colors or shades of colors per se; a principle affirmed, moreover, as early as 2003 by the Court of Justice of the European Union in the "Libertel" case concerning the use of the color orange for telecommunications services.

More recently, the Milan Court ruled that the registration of a specific color trademark can only be permitted if it does not unduly restrict the availability of colors for other entities offering products or services of the same type as those applied for.

As for Prince's application, it will be reviewed by the USPTO and then published in the Bulletin, thus giving other parties who believe they will be harmed by the trademark registration the opportunity to oppose it.