Qualitex v. Jacobson Products

Qualitex Co. v. Jacobson Products Co. · 1995 · Supreme Court of the United States

What happened

The Court held that a colour alone can serve as a trademark once it has acquired secondary meaning and is not functional.

The money

No reliable public figure. This dispute matters for the rule it settled rather than for a damages number, and many trademark matters resolve on confidential terms.

What it means for your business

Single colours can be owned in a given market. Before you build a brand around one distinctive colour in your industry, check whether a competitor already registered it.

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