Color Mark Requires Use with Defined Shape, Pattern, or Design to be Distinctive: Tenth Circuit | Practical Law
In Forney Industries, Inc. v. Daco of Missouri, Inc., the US Court of Appeals for the Tenth Circuit affirmed the district court's grant of summary judgment of no trade dress infringement to Daco of Missouri, Inc., finding that Forney Industries, Inc.'s use of colors in its product packaging is not a protected mark under Section 43(a) of the Lanham Act.