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Self-Storage Giants U-Haul and Public Storage Battle Over the Use of the Color OrangeSelf-Storage Giants U-Haul and Public Storage Battle Over the Use of the Color Orange
ISS Staff
December 20, 2024
4 Min Read
Two of the self-storage industry’s largest operators, U-Haul International Inc. and Public Storage Inc., are engaged in a legal battle over the use of the color and word “orange” for marketing purposes. On Nov. 12, U-Haul filed a complaint against Public Storage to protect its rights after receiving a demand from Public Storage to stop using orange in its branding, according to sources.
The 75-page complaint states that Public Storage “has engaged in a multi-faceted and corrupt campaign to wrongfully appropriate rights in the use of the color and word ‘orange’ in connection with self-storage services and to assert such rights against U-Haul, its sister companies, its dealers and licensees. This campaign includes [Public Storage’s] filing of fraudulently manufactured evidence with the United States Patent and Trademark Office (USPTO) in an effort to keep trademark registrations alive for marks that [Public Storage] is not using, filing false statements with the USPTO claiming substantially exclusive use of the color orange in various forms of purported trade dress, and also making baseless demands that others, including U-Haul cease using the color and/or the term ‘orange’ in connection with their businesses, which has necessitated this action.”
U-Haul also stated it has “developed strong common law and registered trade dress rights in the color orange relating to its self-moving and storage services, embodying invaluable goodwill” by virtue of using the color since 1945 on its trucks, trailers, towing equipment and self-storage facilities through sales and promotions.
U-Haul provided photos and documentation in its complaint, asserting common-law trademarks and trade-dress rights for the color orange in its moving and self-storage services. It also included federal registrations for trade dress and trademarks that feature the shade for vehicle rentals and related services. The complaint says orange is currently used by 21,000 independent businesses that are dealers of U-Haul products and services, including more than 5,000 independent self-storage facilities, and hundreds of other non-affiliated, independent storage operators nationwide.
U-Haul seeks a declaration that its use of the color orange and the term doesn’t infringe on any alleged rights, including claims of trademark infringement, dilution, unfair competition or violations of the Anticybersquatting Consumer Protection Act. Additionally, the company requests that the court invalidate certain trademark registrations asserted by Public Storage, alleging fraud on the USPTO through fabricated evidence and/or non-use and abandonment of the marks.
An article published on the Public Storage website in March says the company has used orange since its inception. “The first Public Storage location opened in El Cajon, California, in 1972 with a fiesta complete with mariachis and bright orange doors to attract the attention of potential customers driving by on the nearby highway,” the article stated.
In May, Public Storage promoted the rollout of a redesign of its buildings nationwide, which made orange more prominent on its exterior including its roofline, canopies and signs. The company said in an article on its website that the redesign “integrates the longtime orange background of the signs and incorporates it as a building feature.”
“We had seven different types of signs,” said Karen Cormier-Southards, who was the director of architecture and design for Public Storage at the time. “Now, not only do we now have a consolidated sign, the new building is the sign.”
Established in 1945, Phoenix-based U-Haul owns and manages more than 1,500 self-storage facilities comprising approximately 68.7 million square feet across North America. It also operates more than 23,000 truck-rental locations across 50 states and 10 Canadian provinces.
Based in Glendale, California, Public Storage has interests in 3,045 self-storage facilities in 40 states, with approximately 218 million net rentable square feet. It holds a 35% interest in Shurgard Self Storage Ltd., which has 279 facilities in seven European countries, with approximately 15 million net rentable square feet.
Sources:
PacerMonitor, U-Haul International Incorporated v. Public Storage Operating Company
Public Storage, Public Storage Locations Get a New Look
Public Storage, Public Storage’s History: Two Friends and an Idea
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