← All Authorities
United States Leading Case trademarks

Qualitex Co v Jacobson Products Co

514 U.S. 159 (1995)
JurisdictionUnited States
CourtUS Supreme Court
Year1995
StatusBinding authority

Summary

Color alone can qualify as a trademark under the Lanham Act when it has acquired secondary meaning and is non-functional.

Key Principle

Color alone can serve as a trademark when it has acquired secondary meaning and is not functional.

Area of Law

ip

Related Cases

Cantarella Bros Pty Ltd v Modena Trading Pty Ltd (2014) 254 CLR 337

Foreign words used as trademarks are assessed for descriptiveness in the Australian English-speaking market; Italian words for coffee were registrable as not inherently descriptive.

Phonographic Performance Company of Australia Ltd v Commonwealth (2012) 246 CLR 561

Statutory licence scheme for sound recordings validly enacted under constitutional copyright power and did not constitute an unjust acquisition of property.

Roadshow Films Pty Ltd v iiNet Ltd (2012) 248 CLR 42

An ISP that failed to act on infringement notices did not authorise subscribers' copyright infringement via BitTorrent, as it lacked the requisite control over the infringing acts.

Ask CommonBench about this case

Get a detailed analysis of Qualitex Co v Jacobson Products Co and how it applies to your situation.

Explain Qualitex Co v Jacobson Product...