Essentiality is Essential to Color Functionality in Trademark Cases: Ninth Circuit | Practical Law
In an unpublished memorandum opinion, Moldex-Metric, Inc. v. McKeon Products, Inc., the US Court of Appeals for the Ninth Circuit reversed, vacated and remanded the district court's grant of summary judgment in favor of an accused trademark infringer, ruling that the district court erred in not addressing essentiality when analyzing the functionality of the color green for ear plugs.