Mealey's (June 6, 2018, 10:32 AM EDT) -- SAN FRANCISCO — For the second time in three years, the Ninth Circuit U.S. Court of Appeals on June 5 vacated and remanded a California federal judge’s finding that the use of the color bright green for foam ear plugs is functional and thus unprotectable as trade dress (Moldex-Metrix Inc. v. McKeon Products Inc., No. 16-55548, 9th Cir, 2018 U.S. App. LEXIS 15064)....