THE PURPLE BRAND (RAIN).

Pantone is a well-known U.S. company that specializes primarily in graphic design 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 tribute to the late Prince Rogers Nelson, known to most simply as “Prince” or the “Minneapolis Magician,” who passed away in 2016 at the age of 59.

Pantone's initiative 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 holds Prince’s image rights—has filed a color trademark with the USPTO (the U.S. Patent and Trademark Office) consisting of a specific shade of purple.

Perhaps not everyone is aware that, among the elements eligible for registration as trademarks, the Industrial Property Code also includes color combinations or shades—provided, of course, that they are capable of distinguishing a company’s goods or services from those of other companies.

After all, colors and color combinations are now increasingly used by companies to distinguish their products in the marketplace; it is no coincidence that people often refer to Tiffany “blue” or the bright “red” of the soles on Louboutin shoes.

The prevailing case law and legal doctrine tend to rule out the registrability of so-called “pure” colors or color shades in and of themselves; this principle was, in fact, already established in 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 Court of Milan ruled that the registration of a trademark consisting of a specific color may be granted only if it does not unduly restrict the availability of colors for other parties offering goods or services of the same kind as those covered by the application for registration.

As for Prince’s application, it will be reviewed by the USPTO and then published in the official gazette, thereby giving other parties who believe they will be harmed by the trademark registration the opportunity to file an opposition.