The article discusses a recent Federal Circuit decision regarding the use of color as a trademark, notably focusing on a case involving dark green chloroprene medical examination gloves. The court ruled that due to the prevalence of this color in the industry, it does not sufficiently identify a specific company, thus rejecting the trademark application. This decision reflects a broader trend where while colors can be used as trademarks, they must be distinctive and not generic, highlighting the challenges that arise in trademarking colors.
The Federal Circuit's recent decision on green medical examination gloves emphasizes that color marks must be distinctive to identify a single source; common colors cannot serve as trademarks.
In re PT Medisafe Technologies illustrates that the Supreme Court allows colors as trademarks but has not strongly supported their use, especially concerning genericness.
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