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Trademark Litigation › Color Marks › Acquired Distinctiveness

McDermott Will & Schulte

No Green Light to Register Color Mark for Medical Gloves

McDermott Will & Schulte on

Addressing for the first time the test for determining whether a color mark is generic, the US Court of Appeals for the Federal Circuit adopted the Trademark Trial & Appeal Board’s Milwaukee test as the appropriate standard,...more

Miller Canfield

Battle of the Oranges: U-Haul vs. Public Storage in a Trademark Showdown Over the Color Orange

Miller Canfield on

To be eligible for trademark registration, a color must have acquired distinctiveness and must not be functional. Recently, the Federal Circuit discussed the importance that a color mark not be functional. ...more

Miller Canfield

Tickled Pink No More: Federal Circuit Affirms Cancellation of CeramTec’s Trademarks for Pink Ceramic Hip Implants

Miller Canfield on

Color trademarks have traditionally been difficult to obtain. Of the over 4 million trademark registrations, there were less than 1000 color trademarks as of 2019. To be eligible for trademark registration, a color must have...more

Erise IP

What’s Trending in Trademarks, February 2024: Fruity Pebbles Denied Color Mark, Captain Cannabis Cancellation, Trader Joe’s vs....

Erise IP on

Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fruity...more

Harris Beach Murtha PLLC

Significant Intellectual Property Trademark Decisions

Harris Beach Murtha PLLC on

2017 was a year filled with significant developments in case law for trademarks. The below rulings highlight some successes and obstacles faced by companies in the protection of their trademarks and their brand as a whole. ...more

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