Line design

Trademark law protects colors as trade dress in limited circumstances. The Ninth Circuit’s recent decision in Moldex-Metric Inc. v. McKeon Prods. Inc. clarifies the functionality test applied in color trademark cases and holds that it should not be applied rigidly. The decision provides further guidance to the district courts and has important ramifications for brand owners and their lawyers.

All Content © 2003‐2015, Portfolio Media, Inc.

Related Attorneys

Jump to Page

Robins Kaplan LLP Cookie Preference Center

Your Privacy

When you visit our website, we use cookies on your browser to collect information. The information collected might relate to you, your preferences, or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. For more information about how we use Cookies, please see our Privacy Policy.

Strictly Necessary Cookies

Always Active

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Functional Cookies

Always Active

Some functions of the site require remembering user choices, for example your cookie preference, or keyword search highlighting. These do not store any personal information.

Form Submissions

Always Active

When submitting your data, for example on a contact form or event registration, a cookie might be used to monitor the state of your submission across pages.

Performance Cookies

Performance cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.

Powered by Firmseek