9th Circ. Clarifies Functionality Test For Color TM Cases

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Trademark law protects colors as trade dress in limited circumstances. The Ninth Circuit’s recent decision in Moldex-Metric Inc. v. McKeon Prods. Inc. clarifies the functionality test applied in color trademark cases and holds that it should not be applied rigidly. The decision provides further guidance to the district courts and has important ramifications for brand owners and their lawyers.

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