Bifalgorithm post · Property · Trademarks and Domain Names
Case Holding
Case Holding (Property · Trademarks and Domain Names) — "Qualitex Co. v. Jacobson Products Co., 514 U.S. 159 (1995) J USTICE B REYER delivered the opinion of t…
Ideas in this flowchart
- Qualitex Co. v. Jacobson Products Co. concerns whether color alone may function as a trademark under the Lanham Act.
- Does the Lanham Act permit registration of a trademark consisting purely of a color?
- A color may satisfy the ordinary legal requirements for trademark protection.
- No special legal rule categorically prevents color alone from serving as a trademark.
- Qualitex used a distinctive green-gold color on press pads sold to dry-cleaning firms.
- Qualitex had used the special green-gold color since the 1950s.
- Jacobson began selling similar press pads in the same green-gold color in 1989.
- Qualitex registered the green-gold color as a trademark in 1991.
- Qualitex added trademark infringement to its existing unfair competition lawsuit.
- The District Court ruled in Qualitex’s favor.
- The Ninth Circuit reversed the trademark infringement judgment because it believed color alone could not be registered.
- Courts of appeals disagreed about whether color alone could receive trademark protection.
- Some decisions imposed an absolute prohibition, while others allowed or declined to prohibit protection of color alone.
- The Supreme Court granted certiorari and reversed the Ninth Circuit’s judgment.
