Qualitex Co. v. Jacobson Products Co., Inc. | |
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Argued January 9, 1995 Decided March 28, 1995 | |
Full case name | Qualitex Co. v. Jacobson Products Co., Inc. |
Citations | 514 U.S. 159 (more) 115 S. Ct. 1300; 131 L. Ed. 2d 248; 1995 U.S. LEXIS 2408; 63 U.S.L.W. 4227; 34 U.S.P.Q.2d (BNA) 1161; 95 Cal. Daily Op. Service 2249; 95 Daily Journal DAR 3867; 8 Fla. L. Weekly Fed. S 653 |
Case history | |
Prior | C.D. Cal. found for plaintiff, 1991 U.S. Dist. LEXIS 21172; judgment set aside by the Ninth Circuit, 13 F.3d 1297 (9th Cir. 1994), reversed |
Holding | |
Under the Lanham Act, a color can be registered as a trademark. Individual colors, however, cannot be deemed "inherently distinctive," so the registrant must demonstrate that the color has acquired "secondary meaning" in consumers' minds as indicating the source of the registrant's goods. | |
Court membership | |
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Case opinion | |
Majority | Breyer, joined by unanimous |
Laws applied | |
Lanham Act |
Qualitex Co. v. Jacobson Products Co., Inc., 514 U.S. 159 (1995), was a United States Supreme Court case in which the Court held that a color could meet the legal requirements for trademark registration under the Lanham Act, provided that it has acquired secondary meaning in the market.
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