ISSUE:
Whether or not the decision in Qualitex Co. v. Jacobson Products Co., Inc. established that a single colour can be registered as a trademark under the Lanham Act, how has this precedent influenced later colour trademark registrations?
Whether the functionality concept, as established by the Court in Qualitex Co. v. Jacobson Products Co., Inc., constitutes a firm bar to registering a single colour as a trademark, or whether it is conditional on the specific circumstances and the impact of colour on product functionality?
RULE:
A single colour can potentially meet the legal requirements for trademark registration under the Lanham Act if it has developed secondary meaning in the market, demonstrating that it meets the primary purpose of trademarks by identifying the source of a particular good. The functionality concept does not preclude the registration of colour as a trademark unless the colour is necessary to the use or purpose of the product or has a major impact on its cost or quality.