News & Analysis as of

Color Marks

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Markit to Market - November 2018: Now Coming in June 2019 – Changes to Canadian Trademark Law, Eh? (Part II)

The wait is over! The Canadian Privy Council Office recently announced that the long-anticipated changes to Canada’s trademark laws will officially go into effect June 17, 2019. ...more

Dorsey & Whitney LLP

Registration of Color Trademarks on Product Packaging: The TTAB Lays Down Some Black and White Rules

by Dorsey & Whitney LLP on

Obtaining trademark registration for color trademarks can be a complicated undertaking. In a recent precedential opinion, the Trademark Trial and Appeal Board in In re Forney Industries, Inc. weighed in on the registrability...more

Winthrop & Weinstine, P.A.

Color Marks: Looking for Look-for Advertising

These lime green building sites caught my eye and jogged my trademark memory. First, the future home of the University of Iowa College of Pharmacy, at beam signing, on May 4, 2018: Second, the expansion of the Metro Transit...more

McDermott Will & Emery

The Louboutin Saga: Victory, for Now

by McDermott Will & Emery on

The Court of Justice of the European Union (CJEU) ruled that a mark (or “sign,” in EU parlance) consisting of a color applied to the sole of a high-heeled shoe does not consist exclusively of a “shape” within the meaning of...more

Hogan Lovells

Europe: CJEU / GC roundup – H1 2018

by Hogan Lovells on

Over the first half year, we have covered a number of high profile cases heard before the General Court (GC) and the European Court of Justice (CJEU). Here’s a quick roundup of the cases with a takeaway summary for each...more

Jones Day

CJEU Confirms that Louboutin's Red Outer Sole Can Be a Trademark

by Jones Day on

The Situation: The Court of Justice of the European Union ("CJEU") rendered its ruling in the Louboutin case (C-163/16) on June 12, 2018. The Result: The CJEU has confirmed that Christian Louboutin's red outer sole can be...more

Knobbe Martens

Can Ear Plugs Tune Out Color? Bright Green Color For Ear Plugs Not Functional

by Knobbe Martens on

Moldex-Metric, Inc. filed a trademark infringement lawsuit against McKeon Products.  Moldex-Metric asserted that McKeon infringed its unregistered trade dress consisting of a bright green color for foam ear plugs by using a...more

Dentons

Major changes to Canada's trademark laws - what every business needs to know

by Dentons on

The Canadian government recently introduced a Bill which contained the most significant changes to Canada's trademark laws in modern history. Due to the fact that the revisions were contained in an omnibus Budget...more

Bowditch & Dewey

Six Things You Didn’t Know About Trademarks

by Bowditch & Dewey on

Brewers can protect the uniqueness of their brands of brew and brewery names by filing for federal registration of their trademarks. Here are a few things about the process that are good to know...more

Smart & Biggar

Colour it Mine: Protecting Colour Trademarks in Canada

by Smart & Biggar on

Colours can function as indicators of source, and many colours acquire distinctiveness over time. When thinking of the colour green in association with farm tractors, the John Deere company may come to mind. Or seeing the...more

Winthrop & Weinstine, P.A.

White Color Trademark Goes Up in Flames

by Winthrop & Weinstine, P.A. on

A couple of years ago, our friend John Welch over at the TTABlog reported about a white color trademark that had acquired distinctiveness, according to a rare precedential TTAB decision...more

Harris Beach PLLC

Significant Intellectual Property Trademark Decisions

by Harris Beach PLLC on

2017 was a year filled with significant developments in case law for trademarks. The below rulings highlight some successes and obstacles faced by companies in the protection of their trademarks and their brand as a...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Ultra Violet is the New Black

The color purple has long been associated with royalty, so perhaps it should come as no surprise that Pantone’s color of the year for 2018 --the year of the next royal wedding-- is PANTONE® 18-3838 Ultra Violet, a blue-based...more

Hogan Lovells

Bringing some colour to colour marks: What to consider when protecting abstract colour

by Hogan Lovells on

The colour of a product plays an important role in identifying its commercial origin. For this reason, seeking protection for abstract colour marks is a very valuable asset in trade. ...more

Winthrop & Weinstine, P.A.

John Deere: These Colors Don’t Run

by Winthrop & Weinstine, P.A. on

Growing up with a farm in the family, I learned early on that Nothing Runs Like Deere®. As people tend to do, we named all of the tractors – after Masters of the Universe characters, of course. There was a front-loader...more

Ladas & Parry LLP

Cheerios Yellow Box Rejected For Trademark Registration

by Ladas & Parry LLP on

In a precedential decision on August 22 2017, the Trademark Trial and Appeal Board (TTAB) in In re General Mills IP Holdings II, LLC (Serial 86757390) held that the applicant did not provide sufficient evidence to support the...more

Winthrop & Weinstine, P.A.

Owning a (Wholesome) Four Letter Word

by Winthrop & Weinstine, P.A. on

I’m not talking about those kinds of four letter words (by the way, we’re still awaiting the Brunetti decision to learn their fate), so today I’m talking about this wholesome kind...more

McDermott Will & Emery

The Cheerios Challenge of Registering Color Marks

by McDermott Will & Emery on

The Trademark Trial and Appeal Board (TTAB) delivered a primer on demonstrating the acquired distinctiveness of product packaging or trade dress, including color marks, in refusing registration of a trademark application for...more

Smart & Biggar

New challenges and opportunities for pharmaceutical trademarks in Canada

by Smart & Biggar on

In Canada, trademarks for pharmaceutical preparations and related products have faced numerous challenges, some of which are unique to the industry. This article will canvas the current issues as well as the important changes...more

Knobbe Martens

General Mills Finds Out That Yellow Is Not “Magically Delicious”: Brands Fighting To Protect Their True Colors

by Knobbe Martens on

Years after the Christian Louboutin v. Yves Saint Laurent battle over red soled shoes, trademark protection for color continues to be a hot topic. On August 22, 2017, the Trademark Trial and Appeal Board (“TTAB”) held that...more

Winthrop & Weinstine, P.A.

Cheerios Registration Refused for Yellow Color Mark

For the past couple years, General Mills has battled to register a yellow color mark in connection with its Cheerios® breakfast cereal. More specifically, back in 2015, General Mills applied to register (Serial No. 86757390)...more

Bennett Jones LLP

Unique but Not Distinctive–Colour and Shape Trademark Applications Rejected for Asthma Inhalers

by Bennett Jones LLP on

Trademark protection for the shape and colour of pharmaceutical products remains elusive. Even if the appearance of a tablet or inhaler is unique, a trademark registration will be rejected without evidence that physicians,...more

Smart & Biggar

Prepare for Canada Day by Reviewing Your Pending Industrial Design Applications

by Smart & Biggar on

July 1, 2017, is Canada’s 150th birthday. But it is also the deadline for taking certain actions in respect of pending Canadian design applications. As previously reported, on January 16, 2017, the Canadian Industrial...more

Winthrop & Weinstine, P.A.

Chartreuse Color Trademark Still on the Loose

Back in December we wrote about a trademark infringement case (Weems v. Plews) involving claimed exclusive rights in the color chartreuse as applied to various kinds of hoses....more

Jones Day

Japan Legal Update - Volume 24 | April 2017

by Jones Day on

Labor - Japan's Action Plan for the Realization of Work Style Reform - Prime Minister Shinzo Abe recently held 10 meetings of the "Council for the Realization of Work Style Reform," to discuss reforms to Japan's...more

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