9th Circ. Clarifies Functionality Test For Color TM Cases
April 24, 2015
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.
All Content © 2003‐2015, Portfolio Media, Inc.
The articles on our Website include some of the publications and papers authored by our attorneys, both before and after they joined our firm. The content of these articles should not be taken as legal advice.
If you are interested in having us represent you, you should call us so we can determine whether the matter is one for which we are willing or able to accept professional responsibility. We will not make this determination by e-mail communication. The telephone numbers and addresses for our offices are listed on this page. We reserve the right to decline any representation. We may be required to decline representation if it would create a conflict of interest with our other clients.
By accepting these terms, you are confirming that you have read and understood this important notice.