Trademark Litigation

Trademarking Color on Product Packaging: The Federal Circuit's In Re Forney Decision In IP Litigator (Vol. 24, No. 6), I wrote an article "Trademark Office Takes Tougher Stance on Registering Rights to Colors on Packaging" reviewing the Trademark Trial and Appeal Board's In re Fo...

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Bibliographic Details
Published in:The IP Litigator : Devoted to Intellectual Property Litigation and Enforcement 2020-07, Vol.26 (4), p.27-28
Main Author: McCue, Shannon
Format: Article
Language:English
Subjects:
Advertising
Attorneys
Color
Court decisions
Intellectual property
Litigation
Packaging
Trademarks
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Summary:Trademarking Color on Product Packaging: The Federal Circuit's In Re Forney Decision In IP Litigator (Vol. 24, No. 6), I wrote an article "Trademark Office Takes Tougher Stance on Registering Rights to Colors on Packaging" reviewing the Trademark Trial and Appeal Board's In re Forney decision, Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board in No. 86/269,096, April 8, 2020. The court reasoned that Forney's packaging is more akin to the Two Pesos decision and falls within the category of marks that the Supreme Court described as potential source identifiers. [...]the Supreme Court decisions in Qualitex and Wal-mart did not reach the question of whether color marks on product packaging can be inherently distinctive. Having moved from a law firm setting to an in-house role, I am more keenly aware of the investment in product packaging, and the importance of this decision in providing at least a chance to register color marks before meeting the difficult and time-consuming acquired distinctiveness standard.
ISSN:1086-914X