“Whiskas Purple” (shown below) is the exclusive trademark of Mars Australia Pty Ltd, the manufacturer of both Whiskas and the colour, which, according to evidence presented in the country’s Federal Court was wholly created from scratch. Mars, a pet care industry leader, has used “Whiskas Purple” since 2000,” and subsequently, the colour is a strong element of their product line’s brand identity. The ruling, made in June 1010, was contested for seven years by their rival, Nestle, which eventually withdrew their protests.

Do you think it is fair for corporations to claim colours for exclusive use with only their specific product lines? What do you think will happen once every existing colour is claimed?