U.S. Appeals Court Rejects Clear Bottle Trademark

Law360, New York (June 17, 2005, 12:00 AM EDT) -- The U.S. Court of Appeals for the Federal Circuit has upheld last May’s decision by the Trademark Trial and Appeal Board that the transparency of the Pennzoil-Quaker State Company’s motor oil bottles cannot be trademarked.

In its ruling, the Board said that Pennzoil was trying through its clear bottle application to be the only motor oil marketer who could actually show its motor oil and would required all its competitors to hide their products in opaque containers.

The Board determined, in line with the Supreme Court’s...
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