9th Circ. Tackles The Case Of The Bright Green Earplugs

Law360, San Jose (December 5, 2017, 8:44 PM EST) -- 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.

An attorney for Moldex-Metric Inc., Sanford I. Weisburst of Quinn Emanuel Urquhart & Sullivan LLP, told the panel during oral arguments Tuesday in Pasadena that U.S. District Court Judge George King strayed from the Ninth Circuit’s 2015 decision, reversing...
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Case Information

Case Title

Moldex-Metric, Inc. v. McKeon Products, Inc.

Case Number



Appellate - 9th Circuit

Nature of Suit

3840 Trademark

Date Filed

April 14, 2016

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Government Agencies

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