Content area
Full Text
Trademarks are vital to fair competition in the marketplace.l Their existence protects owners from unfair practices of competitors and facilitates informed consumer choice between otherwise indistinguishable goods.2 In 1946, Congress recognized the need for uniform federal trademark law and enacted the Lanham Trademark Act ("Lanham Act")3 to guard against unfair competition in the marketplace.4 The Supreme Court's recent interpretation of the Lanham Act in Qualitex Co. v. Jacobson Products Co.,5 however, may result in unfair competition since permitting manufacturers to trademark color alone will preclude others from using the protected color on competing products.6
In Qualitex, the Supreme Court addressed whether the Lanham Act permits the registration of a trademark consisting, "purely and simply," of a color.7 The petitioner, Qualitex Co., used a particular shade of green-gold on its dry cleaning press pads since 1957.8 In 1989, Jacobson Products, a Qualitex competitor, began manufacturing and distributing an inferior quality press pad9 in a very similar green-gold color.lo In 1991, Qualitex registered the green-gold color of its press pads as a trademark.ll
Qualitex then added a trademark infringement claim to a previously filed lawsuit against Jacobson alleging unfair competition.l2 At the district court level, Qualitex prevailed.l3 The Court of Appeals for the Ninth Circuit reversed the district court's finding of trademark infringement, holding that the Lanham Act does not permit the registration of color alone.l4 The Court of Appeals, however, affirmed the district court's judgment for damages and injunctive relief based upon unfair competition,15 finding that Jacobson Products was liable for infringement of Qualitex's trade dress.ls Granting certiorari only on the issue of color, the Supreme Court reversed the judgment of the Ninth Circuit and unanimously held that "there is no rule absolutely barring the use of a color alone" as a trademark.l7
In Qualitex, the Court upheld the district court's conclusion that the green-gold color utilized on the Qualitex dry cleaning press pads satisfied the requirements for a trademark.18 In broadly interpreting the Lanham Act definition of a trademark as "any word, name, symbol, or device,"19 the Court found that color alone was not precluded from serving as a trademark.20 The Court applied a two-part test to determine when color alone may qualify for trademark protection.21 This test first considers whether the color has a...