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Expert Analysis

Unpacking Fed. Circ. Multicolor Trade Dress Ruling

By Evan Gourvitz and David Serati ( May 11, 2020, 3:38 PM EDT) -- In the recent Forney Industries Inc. matter, the U.S. Court of Appeals for the Federal Circuit held that, despite prior U.S. Supreme Court precedent stating that "no [color] mark can ever be inherently distinctive,"[1] multicolor trade dress for the packaging of a product can be inherently distinctive....

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