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Can you trademark a color?

This New York Times opinion piece investigates the question of whether the color red can be trademarked and enforced. The op-ed is right in drawing attention to the absurdity but wrong in calling for a comprehensive package of legislation for fashion. How about a free market instead?

P.S. I would add the cool image from the NYT story but these days who knows anymore what might get you arrested at gunpoint?

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To the extent possible under law, Stephan Kinsella has waived all copyright and related or neighboring rights to C4SIF. This work is published from: United States. In the event the CC0 license is unenforceable a  Creative Commons License Creative Commons Attribution 3.0 License is hereby granted.