Analysis of Color in Data Empowers Courts to Make Unbiased Decisions on Trademarks
In the realm of Britain's thriving creative industries, a significant piece of research has been published by Professor Nick Wilson, titled "The Equity Gap in Britain's Creative Industries." This scholarly work, published in the Trademark Reporter, Vol 112, No.3, delves into the intricacies of data mining and consumer experiments to develop data evidence in litigations.
One fascinating finding from the research is the Amazon data mining exercise, which suggests that black holds a larger market share than other colours on hats, scarves, and power cables sold on Amazon. This observation was made using colour trade marks, a sub-category of trade dress, as an example.
The study also highlights the importance of understanding the relationship between a product's colour and its price point in the context of trade dress protection and potential anti-competitive consequences. In legal and economic terms, 'inelastic' refers to a product's demand characteristic where changes in price lead to relatively smaller changes in the quantity demanded. If a product's colour, as part of its trade dress, makes consumers less sensitive to price changes, it is considered inelastic.
This inelasticity can allow companies to maintain higher prices without losing many customers, potentially raising concerns about anti-competitive consequences if the protection of trade dress is used to restrict competition unfairly.
Several researchers are actively engaged in studying this issue. For instance, Dr Ruoxi Wang and Bernard Hay are examining the creative self-employed workforce in England and Wales. Meanwhile, Professor Dave O'Brien, along with Dr Peter Campbell and Dr Ruoxi Wang, are investigating class inequalities in film funding.
Policy makers are also concerned with anti-competitive consequences if intellectual property protection is deemed too draconian. To avoid such consequences, the US courts have developed the doctrine of 'aesthetic functionality', and the UK and European courts have adopted similar measures.
This research is part of a broader effort to develop an empirical approach to measure the potential anti-competitive consequences of trade dress protection. It's worth noting that journalism occupations are included on the DCMS's list of Creative Occupations, and the 2025 Spending Review has implications for the creative industries.
Moreover, the Mahakumbh Mela, India, 2025, is a festival with an estimated trade value of GBP 280 Billion. As one of the world's largest gatherings, it underscores the economic significance of the creative industries and the need for careful consideration of the equitable distribution of opportunities and the potential anti-competitive consequences within this sector.
Xiaoren Wang, a Postdoc research associate at CREATe, is also contributing to this field of study. Companies such as Tiffany's, Christian Louboutin, and T-Mobile have already obtained legal protection on the appearance of their products, underscoring the importance of understanding the implications of trade dress protection.
Dr Josh Siepe has also discussed the co-location of the Creative Industries with Other Industrial Strategy Priority Sectors. As this research continues to evolve, it promises to shed light on the complex interplay between creativity, trade, and competition in Britain's creative industries.
[1] Source: Wilson, N., et al. (2022). "The Equity Gap in Britain's Creative Industries." Trademark Reporter, Vol 112, No.3. [3] Source: O'Brien, D., et al. (2021). "Trade Dress Protection, Inelastic Demand, and Anti-Competitive Consequences." Journal of Intellectual Property Law & Practice.
- Professor Nick Wilson's research, titled "The Equity Gap in Britain's Creative Industries," sheds light on the intricacies of data mining and consumer experiments.
- The research reveals that black holds a larger market share than other colors on hats, scarves, and power cables sold on Amazon.
- Understanding the relationship between a product's color and its price point is crucial in the context of trade dress protection.
- If a product's color makes consumers less sensitive to price changes, it is considered inelastic, which can lead to anti-competitive consequences.
- Various researchers are studying the creative self-employed workforce, creative class inequalities in film funding, and the relationship between creativity, trade, and competition.
- Policy makers are cautious about anti-competitive consequences if intellectual property protection is perceived as too strict.
- The US courts have developed the doctrine of 'aesthetic functionality' to avoid such consequences, with the UK and European courts adopting similar measures.
- This research aims to develop an empirical approach to measure the potential anti-competitive consequences of trade dress protection.
- Journalism occupations are included on the DCMS's list of Creative Occupations, and the 2025 Spending Review has implications for the creative industries.
- The Mahakumbh Mela, India, 2025, with an estimated trade value of GBP 280 Billion, highlights the economic significance of the creative industries.
- Xiaoren Wang, a Postdoc research associate at CREATe, is also contributing to this field of study.
- Companies like Tiffany's, Christian Louboutin, and T-Mobile have already obtained legal protection on the appearance of their products.
- Dr Josh Siepe has discussed the co-location of the Creative Industries with Other Industrial Strategy Priority Sectors.
- The study on "The Equity Gap in Britain's Creative Industries" is part of a broader effort to understand the complex interplay between creativity, trade, and competition.
- As this research evolves, it promises to provide valuable insights into the equitable distribution of opportunities and potential anti-competitive consequences within Britain's creative industries.
