September 13th, 2024
How Brands Can Effectively Demonstrate Distinctiveness of a Color in Trademark Litigation.
Background: Color Marks Traditionally, registered trademarks in the United States could only be logos, brand names, and slogans that were found distinctive and capable of serving as source identifiers. Courts maintained that color is inherently generic and therefore incapable of being distinctive or acting as a source identifier. The Lanham Act broadened the definition of […]