While this is true, I can’t completely let your comment slide unchallenged: you can’t copyright a color, but you can certainly trademark one.
That is kind of interesting. But presumably not a concern in this use case, right? (due to the per industry rule) This does explain why they can get away with tealios, and even flaunt it lmao
[/quote]
I didn’t mean trademark a color as a name (like tealios) I meant you can trademark an actual color. The case I was thinking about was the Qualitex case for green-gold colored dry cleaning pads, but there are others, eg, UPS has a trademark on their color brown.
https://www.ipwatchdog.com/2018/07/14/can-you-trademark-a-color/id=99237/But re: the “per industry” rule, yes: trademark protection is limited to a specific class of goods and services and you can’t infringe a trademark that’s isn’t in that class of goods and services (though of the trademark is *super* famous, they could sue for trademark dilution, e.g. I couldn’t sell Coca-Cola facial tissues. They probably don’t have a trademark for facial tissues, but if I sold facial tissues under that brand, people would nonetheless think it was being sold by Coca-Cola, thereby diluting their mark).
Here, we’d need to see what tPKC’s marks are. I doubt they have a color trademarked, but if they did, keycaps are not so different than video game stuff, so they may fall into the same class or service. I’m too lazy to dig around the PTO’s website right now to check.
