Protection For Color Under U.S. Trademark Law
Compared with most national trademark laws, the U.S. trademark statute (“Lanham Act”) affords significant protection to color. The United States Supreme Court's March 1995 decision in Qualitex Co. v. Jacobson Products Co. clarified that color alone is registrable. Further, trademark owners can protect color as part of a product's trade dress and can claim color as a feature of a mark. The purpose of this article is to familiarize the reader with the scope of U.S. trademark law vis-a-vis color, with an emphasis on recent developments regarding the registrability of color alone.
Jeffrey M. Samuels and Linda B. Samuels, Protection For Color Under U.S. Trademark Law, 23 AIPLA Quarterly Journal 129 (1995).