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QUALITEX CO. v. JACOBSON PRODUCTS CO.

No. 93-1577.

514 U.S. 159 (1995)

115 S.Ct. 1300

131 L.Ed.2d 248

QUALITEX CO. v. JACOBSON PRODUCTS CO., INC.

Supreme Court of United States.

Decided March 28, 1995.

Attorney(s) appearing for the Case

Donald G. Mulack argued the cause for petitioner. With him on the briefs were Christopher A. Bloom, Edward J. Chalfie, Heather C. Steinmeyer, and Ava B. Campagna.

Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Days, Assistant Attorneys General Hunger and Bingaman, Diane P. Wood, James A. Feldman, William Kanter, Marc Richman, Nancy J. Linck, Albin F. Drost, Nancy C. Slutter, and Linda Moncys Isacson.

Laurence D. Strick argued the cause and filed a brief for respondent.*

Breyer, J., delivered the opinion for a unanimous Court.

Justice Breyer, delivered the opinion of the Court.

The question in this case is whether the Trademark Act of 1946 (Lanham Act), 15 U. S. C. §§ 1051-1127 (1988 ed. and Supp. V), permits the registration of a trademark that consists, purely and simply, of a color. We conclude that, sometimes, a color will meet ordinary legal trademark requirements. And, when it does so, no special legal rule prevents color alone...

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