Qualitex Co. v. Jacobson Products Co.

Qualitex Co. v. Jacobson Products Co., Inc.
Argued January 9, 1995
Decided March 28, 1995
Full case nameQualitex Co. v. Jacobson Products Co., Inc.
Citations514 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
PriorC.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
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Case opinion
MajorityBreyer, 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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