Color as a Trademark Under the Lanham Act: Confusion in the Circuits and the Need for Uniformity

Authors

J. Christopher Carraway

Abstract

The Lanham Act--the Trademark Act of 1946--is examined to determine if it allows the protection of color per se as a trademark. Circuit courts vary in their use of the legislation, but color does satisfy the Act's broad definition of a trademark.

Citation

J. Christopher Carraway, Color as a Trademark Under the Lanham Act: Confusion in the Circuits and the Need for Uniformity, 57 Law and Contemporary Problems 243-280 (Fall 1994)
Available at: https://scholarship.law.duke.edu/lcp/vol57/iss4/11