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