Don’t Let Your Color Trade Dress Protection Fade Away | McDermott Skip to main content

Don’t Let Your Color Trade Dress Protection Fade Away

Don’t Let Your Color Trade Dress Protection Fade Away

Overview


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.