Intellectual Property Protection and Ownership of Color in Immersive Art

By Atreya Mathur

When I see red and black, I think Netflix. You might think Harvard because of their crimson and black logo. I describe the color of my shirt as Tiffany Blue . But it is not the robin egg blue, or the Columbia University blue or the blue of Harrods in London. And I can spot a pair of Louboutin’s from a mile away. Studies have shown that colors can have a powerful impact on thought and association, so it’s no wonder that there are several complexities in intellectual property protection and ownership of a color.^[1]

Debates about Anish Kapoor’s blackest black and Purdue’s whitest white have been heard from London to Indiana. Less controversial is the latest installation in NY, Color Factory, is a collaboratively produced art experience inspired by the “joy of color” in New York City.^[2] It is a multisensory exhibit with 16 participatory installations that are inspired by (some of) the colors of New York. In this “immersive experience,” viewers begin in one room and are transported into the next, like a maze through tunnels, contraptions in the wall and colorful doors.^[3] The installations include a walkable, interactive flowchart quiz that leads you to your “secret color” which is representative of your personality.^[4] The results of the quiz lead to different shades of blue, green and red, among others, that are amusingly labeled. A few of my personal favorites were the Eyes of Jake Gyllenhaal for an ocean blue and #Vibes for a hot pink, encouraging you to become a dance floor influencer (a fun segue into the next installation: a luminous dance floor.) Another installation includes an activity on color and human connection through a rotary phone, a sketch pad and color pencils. Finally, there is Color Factory’s signature blue ball pit, which is enormous and very blue (maybe even a little Tiffany blue.) Each installation and every color have the power to make viewers feel a different emotion.

It is therefore clear that when it comes to art, color plays a significant role. A canvas painted black could symbolize something meaningful and powerful. As could a painting that is different shades of white. Contemporary art and modern immersive experiences, such as Color Factory, additionally allow the public to experience art and color in new ways. One of the reviews Color Factory received was how it was “such an original idea.”^[5] It’s interesting to think about the “originality” of an exhibit based on color and how these colorful installations are protected under law. This article analyzes intellectual property protection of colors and the implications of copyright and trademark of a color in immersive exhibits.