Don’t Let Your Color Trade Dress Protection Fade Away



Lynne Boisineau wrote this bylined article on a Tenth Circuit ruling that reaffirmed the availability of trade dress protection for inherently distinctive colors. “To show inherent distinctiveness of a color mark,” Ms. Boisineau wrote, “proprietors should try to link it to a unique pattern, shape or design” or show secondary meaning that the color mark “is recognized as a source of origin indicator,” such as through advertising.