Since the 1950s, Qualitex Company has used a special shade of green-gold color on the pads that

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Since the 1950s, Qualitex Company has used a special shade of green-gold color on the pads that it makes and sells to dry cleaning firms for use on dry cleaning presses. In 1989 Jacobson Products (a Qualitex rival) began to sell its own press pads to dry cleaning firms, and it colored those pads a similar green-gold. In 1991 Qualitex registered the special green-gold color on press pads with the Patent and Trademark Office as a trademark. Qualitex sued Jacobson for trademark infringement. Jacobson argues that the Lanham Act does not permit registering ‘‘color alone’’ as a trademark. Explain whether a trademark violation has been committed.

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Smith and Roberson Business Law

ISBN: 978-0538473637

15th Edition

Authors: Richard A. Mann, Barry S. Roberts

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