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Tag Archives: Competitive Need

When the Color Black Functions, But Not as a Trademark

Posted in Advertising, Branding, Law Suits, Marketing, Non-Traditional Trademarks, Trademarks, TTAB

Now that kids are back to school and summer is coming to a close, this billboard advertisement has disappeared from I-94 just outside of downtown Minneapolis. Before it vanished from the roadside, however, I thought to capture it to tell a little trademark tale here, one from years past, but one that remains relevant, important, and applicable to trademark claims involving the color black.  As… Continue Reading

Color Trademarks, Red Knobs, and Secondary Meaning

Posted in Branding, Goodwill, Infringement, Law Suits, Look-For Ads, Marketing, Non-Traditional Trademarks, Sight, Trademarks

More on single color trademarks today. Eighteen months ago, Wolf Appliance obtained a federal trademark registration in connection with "a red knob or knobs" of "domestic gas and electric cooking appliances, namely, ranges, dual-fuel ranges, cooktops, and barbeque grills." Wolf put its registration to the test a couple of weeks ago in a federal trademark infringement… Continue Reading