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Expert Analysis

9th Circ. Clarifies Functionality Test For Color TM Cases

Law360, New York (April 24, 2015, 10:33 AM EDT) -- Trademark law protects colors as trade dress in limited circumstances. The Ninth Circuit's recent decision in Moldex-Metric Inc. v. McKeon Prods. Inc. clarifies the functionality test applied in color trademark cases and holds that it should not be applied rigidly.[1] The decision provides further guidance to the district courts and has important ramifications for brand owners and their lawyers....

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