The paint, dubbed “Pinkie,” is the latest salvo in Semple’s years-long campaign to “liberate” colors from legal restrictions. Semple argues that companies should not be able to limit the use of colors associated with their brands. Tiffany & Co. famously trademarked a shade of blue and UPS has trademarked the “UPS brown.” Although Mattel hasn’t done the same for Barbie pink, the company has cited color in lawsuits over “Barbie-Que” potato chips and the song “Barbie Girl.”
Semple and his team have made paints such as “Pinkie” available to anyone, so long as they promise they’re not associated with companies or people attempting to secure exclusive rights. Representatives for Mattel and Tiffany & Co. did not immediately respond to requests for comment Thursday.
Semple said he began work on the paint while seeing the “Barbie” movie’s massive marketing campaign. The film’s rollout has occasioned a pink bonanza some have called the “summer of Barbie,” spawning apparel, cosmetics and food trends, both sanctioned and unofficial.
“Nature makes colors, and people kind of claim them because they become associated with their brand or their business. But I don’t think that really should give them the right to control them,” Semple said. Hence “Pinkie,” which he said functions in part as satirical commentary.
Former U.S. trademark examiner and attorney Rachael Dickson said she thought Mattel could probably register the pink hue if it wanted to. Such trademarks — similar to the ones held by Tiffany and UPS — don’t bar all use of a color. They typically apply to specific goods and services where the applicant can prove consumers associate it with their brand, such as jewelry boxes or delivery vehicles.
While Mattel hasn’t registered “Barbie pink,” it can try to restrict people like Semple from using it, said Alex Roberts, a law professor at Northeastern University. Extensive use of a color or design can form the basis for a trademark claim — or the threat of one — even if a company hasn’t secured official registration.
Not applying for official designation may actually allow Mattel some helpful ambiguity in discussions over Barbie and the color pink, Roberts said.
The company “doesn’t have to pin down the specific color, which could ultimately limit it if, for example, it registers a very deep shade of pink and then tries to assert rights against a company using pale pink,” she wrote in an email.
Regardless of specific legal issues at play, Semple said he plans to continue what has been a multiyear project against color use restrictions.
Semple created his most famous color as a challenge to fellow artist Anish Kapoor.
Kapoor said in 2016 he’d secured exclusive rights for artistic use of a pigment called Vantablack, which he called the blackest available. In response, Semple made “the world’s pinkest pink” pigment for public sale.
Producing “Pinkie” was made easier by his previous experience with rosy tones, Semple said. He added that he’s drawn to pink for its associations with femininity and power, citing its use in events like the Women’s March.
“Even now, if a guy was wearing a pink shirt, people comment on that, it means something to people,” Semple said. “It’s one of the most divisive colors we’ve got. Mattel shouldn’t own that.”