Circuits split on color trademarks; the courts' inability to settle this issue makes litigants see red

Article Abstract:

The federal circuits disagree on the protectability of a product's color by trademark law. The Federal and 6th Circuits come down in favor of protectability, holding that color alone can be an indication of source. Their decisions depend on the establishment of a secondary meaning for the color. The 7th Circuit feels that trade dress includes color and that this doctrine provides enough protection. The US Supreme Court's holding in Two Pesos, Inc v Taco Cabana, Inc that trade dress alone can establish a product's source may indicate how that court would rule on color.

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Trademarks may thwart gray market importers; manufacturers hurt by recent Supreme Court copyright ruling may turn to trademark laws

Article Abstract:

The US Supreme Court considered in the 1998 case of Quality King Distributors, Inc. v. L'anza Research International, Inc, how copyright law affected gray market, or parallel importation. L'anza tried to enjoin sales of reimported goods under Section 602(a) of the Copyright Act, but the ruling stated that this section's bar on the unauthorized importation of copyrighted material could not apply, because the company's initial product sale was a first sale under Section 109(a). Trademark law might be a better remedy than copyright law in parallel importation cases.

United States, Gray market

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Global colorblindness to trademarks is dying: the laws of the world are all over the spectrum, but the prospects for colors as marks are brighter

Article Abstract:

Global receptivity to color as a trademarkable element is increasing thanks largely to a US Supreme Court decision and the advent of a European community trademark parallel to national trademark laws. Considerable diversity remains worldwide, especially in Asia, regarding what may or may not be trademarked, but this is changing to the benefit of interested enterprises worldwide. Changes in individual European nations' laws, due to the community trademark, are explored.

Intellectual property, Color, European Community, international

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