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.
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
Available at: http://scholarship.law.duke.edu/lcp/vol57/iss4/11