BRANDWEE.GIF (1057 bytes)

1. "Have You Trademarked Your Product's Color?," Brandweek, June 7, 1993, at 17 (available in LEXIS-NEXIS News Library)  View Low-Resolution .GIF Version View High-Resolution .PDF Version

New York Public Library Database Summary:  "A Court ruling in 'Master Distributors Inc. vs. Pako Corp. and Pakor Inc.' indicated that a product's distinctive color could be trademarked, while the decision in 'Nutra-Sweet vs. Stadt Corp.' suggested otherwise.  These two cases are discussed."

Abstract:  "Companies are realizing the necessity of trademarking products' colors if the color alone can distinguish it from its competitors. The most recent decision on this issue, involved the case of Master Distributors Inc. (MDI) vs. Pako Corp. and Pakor Inc. The 8th Circuit Court of Appeals on February 17, 1993, ruled that under certain circumstances a product's color could be trademarked. MDI manufactured and sold a blue leader splicing tape which became the industry standard. Pakor developed its own blue leader tape and was sued by MDI for trademark infringement which won on appeal. The court of appeals based its decision on an earlier federal court decision allowing Owens-Corning Fiberglass Corp. to register the color pink as a trademark for its fibrous glass insulation. Standards used for the court to arrive at its decision are given."

Subjects:  Trademarks - color - litigation - infringement - Federal court decisions

2. "Is Your Advertising Attracting a Lawsuit?," Brandweek, July 25, 1994, at 18 (available in LEXIS-NEXIS News Library)  View Low-Resolution .GIF Version View High-Resolution .PDF Version

New York Public Library Database Summary:  "Companies should consider whether their promotional efforts may promote the chance of their companies being sued for product liability.  Some general principles and considerations to help reduce the risk of lawsuits are discussed."

Abstract:  "In many so-called 'products liability' lawsuits, plaintiffs allege that manufacturers' promotional efforts played a role in causing their claimed injuries. Some of the most common claims brought against manufacturers allege that the company either misrepresented or breached a warranty made to the consumer regarding the qualities or performance of a product. The most obvious suggestion to aviod such claims is to avoid making specific, definite guarantees or promises. Products liability lawsuits may also include claims that a manufacturer had a duty to warn of risks allegedly involved in the use or consumption of a product."

Subjects:  Products liability - litigation - advertising - recommendations

 

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