Second Circuit: Single Colors can be Trademarks in Fashion Industry

World Trademark Review Daily
September 2012

The Second Circuit recently took on the question of whether color alone is protectable as a trademark for fashion items. Although the Court had the opportunity to finally provide some substantive guidance on the question of aesthetic functionality, the Court took the easy way out by sua sponte modifying the trademark claimed in the asserted registration and concluding that the accused mark therefore did not infringe. In this article, Tim Kelly discusses the Court’s decision and what can be gleaned with respect to the protection of colors moving forward.

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