FWIW, just reading about a relevant aspect in a book by Donald Hoffman.
Side by side, colors are more easily differentiated than by memory. A court held in one case that differentiable-by-memory was the relevant measure in a trademark case, vis-a-vis confusion in the relevant market.
So the size of the color-space for potential trademarks is smaller than the color-space for differentiable colors.
(As described in the book - yes T-Mobile was involved - the infringing color was right at the lower limit of what people can discriminate by memory. Examples in the article seem more obviously different -- but they were side-by-side there.)
Side by side, colors are more easily differentiated than by memory. A court held in one case that differentiable-by-memory was the relevant measure in a trademark case, vis-a-vis confusion in the relevant market.
So the size of the color-space for potential trademarks is smaller than the color-space for differentiable colors.
(As described in the book - yes T-Mobile was involved - the infringing color was right at the lower limit of what people can discriminate by memory. Examples in the article seem more obviously different -- but they were side-by-side there.)