June 06, 2018
The Ninth Circuit on Tuesday revived Moldex-Metric Inc.'s allegations that rival McKeon Products Inc. infringed its trademark shade of lime green for industrial earplugs, saying a lower court should have considered whether other colors would have served the same safety-compliance function.
December 05, 2017
Moldex-Metric urged the Ninth Circuit on Tuesday to again revive allegations rival McKeon infringed its trademark shade of green for industrial-use earplugs, saying a lower court wrongly found the color was unprotectable because it served an essential function — allowing workers to see whether colleagues are wearing them.