Can 3M keep other companies from making pale yellow sticky notes? Can John Deere protect “John Deere Green”? Does a red bucket indicate a single source? Ever since Owens-Corning secured trademark rights in the color pink for insulation, companies have claimed single colors as trademarks, and competitors have opposed such claims, citing a host of policy considerations.

Early cases held that color alone could not be a trademark. See A Leschen & Sons Rope Co. v. Broderick & Bascom Rope Co., 201 U.S. 166, 171 (1906). Later, courts protected a color with a showing of secondary meaning under unfair competition theory. See Clifton Mfg. Co. v. Crawford-Austin Mfg., 12 S.W.2d 1098 (Tex. Civ. App. 1929).

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]