10th Circuit: Colors Are Protectable When Combined With Shapes, Patterns
(August 31, 2016, 10:05 AM EDT) -- DENVER — A claimed trade dress for retail metalworking parts and accessories of packaging in a red, yellow, black and white color combination is neither inherently distinctive, nor has it acquired secondary meaning, the 10th Circuit U.S. Court of Appeals ruled Aug. 29 (Forney Industries Inc. v. Daco of Missouri Inc., No. 15-1226, 10th Cir.; 2016 U.S. App. LEXIS 15922).
(Decision available. Document #16-160906-028Z.)
According to the appellate panel of Circuit Judges Harris Hartz, Nancy Moritz and David Ebel, U.S. Judge Christine Arguello of the District...