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Crayola

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by

Shelley Fullwood

on 4 September 2014

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Transcript of Crayola

Crayola Crayon Patents
Non-exhaustive list
crayon maker
crayon marker
crayon container
automated molding machine
plastic crayon
universal crayon sharpener
washable acrylic paint
modeling dough
aqueous permanent coloring composition for a marker
washable coloring composition
Making the Brand
Crayola is passionate about helping parents and educators raise creatively alive children who will grow to be inspired, original adults.
License to Crayola
Enabled tremendous market expansion for company
Control of use
Request in depth information from sellers
Commercial license separate from charity use
Use regulations are readily available on Website
Which color is
America's favorite?

1903
Binney & Smith Co.
Pigment business started making crayons
Safe, high quality, affordable wax crayons

1984
Crayola becomes a Hallmark subsidiary

2007
Binney & Smith Co. changes name to Crayola, LLC
Crayola
brand
expands
&
expands
pencils
crayons,
dustless chalk
markers,
colored pencils
washable crayons
modeling clay
silly putty
built-in
crayon sharpener
bath &
personal care
electronics
bedding
Crayola Litigation
How to Trademark a Color
Crayola Trademark
Original Crayola Trademark

Category of Mark
: Fanciful

Origin of Name
:

“craie”
+ “ola”
= Crayola

Components of Mark
:
Words alone
Words + various shapes
Words + additional product specific words
the Crayola chevron & the serpentine design featured on crayons and markers

US Federal - Canada - Mexico - France
(from “oleaginous”)
(French word for "chalk")
Binney & Smith v. Rose Art Industries
2000
Claim
: Defendant's yellow and green packaging for its marker products is likely to blur distinctiveness of packaging for plaintiff's Crayola crayons even where there is not evidence of actual confusion
Preliminary injunction granted.
Court issued a permanent injunction prohibiting Rose Art from using yellow and green packaging.
Evidence
Crayola uses a green chevron design, similar to a sergeant's stripes, over a yellow background.
Rose Art, which produces ColorGear markers, uses a yellow oval over a neon green background
.Judge acknowledged Crayola's fame
Survey evidence
Smithsonian Exhibit
U.S. Postal Service Crayola stamp
DEAD Trademarks
plum
cerulean
salmon
peach

Background of Invention:
"Other conventional approaches for providing crayons and marking compositions have been ill-suited for marking on colored substrates, especially dark substrates. In this respect, upon application to colored substrates, especially dark substrates, crayons and marking compositions of the prior art generate marks that are dull and that are not bright or vivid enough to be readily seen against such dark backgrounds."
Full transcript