What Color is Your Protest?

An Arab anti-settlement political party used an orange color to protest Israeli settlements. Then, some Jewish nationalist political groups have adopted the same orange shade to show support for the Israeli settlements. Fortunately, rather than taking more extreme measures, the Arab party has taken the matter to court, suing the nationalist groups for co-opting the color because the color now sends a “colonial, racist message.”

In trademark law, we’d call this reverse trademark confusion. But can the revolution trademark a protest color?

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