Re: Trademark a color?

Subject: Re: Re: Trademark a color?

Comments:
: : Is there any precedence for the trademarking of a particular color? I seem to recall a story about Prestone antifreeze initiating an action against a competitor who began offering antifreeze in the same yellow colored bottle that Prestone was using. : YES! : See Qualitex Co. v. Jacobsen CO. 13 F.3d 1297 (1994) (where the US Supreme Court upheld a registration of a green-gold color for dry cleaning press pads) finding that a single color could serve as a trademark. : Indeed, Owens-Corning has registered pink as a color for fiberglass insulation (upheld on legal challenge); Reeses (pieces) has won litigation against M&Ms over the color ORANGE for candies; Sweet 'N Low has registered pink for sugar substitutes... however, prior to the supreme court's ruling in the case of First Brands Corp v. Fred Meyer 809.F.2d 1378 (1987) the 9th Circuit court refused to issue a preliminary injunction against a competitor of PRESTONE who was using yellow colored one-gallon jugs of antifreeze. : For more information about trademarks go to www.brandXperts.com or www.namesavers.net : Good Luck

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