Does the lanham act permit color to be trademarked

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Reference no: EM132242475

Business Law (IRAC format)

Case: Qualitex & Co. v. Jacobson Products, Inc.

Facts: Since the 1950s, Qualitex has used a special shade of green-gold color on the pads that it makes for dry cleaning presses. After Jacobson Products (a Qualitex rival) began to use a similar shade on its own press pads, Qualitex registered its color as a trademark and filed suit against Jacobson for trademark infringement.

Issue: Does the Lanham Act permit a color to be trademarked?

Holding: Yes. Color alone can be used as a trademark where that color identifies and distinguishes a particular brand (and thus indicates its “source”). Customers identified the color as Qualitex's.

Question 1: How did Qualitex distinguish its press pads from those of its competitors?

Reference no: EM132242475

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