Qualitex Company v. Jacobson Products Company, Inc.

The primary issue in this trademark and unfair- competition case is whether color per se is protectable under the Lanham Act. This action involves a claim of trademark infringement and unfair competition. Quali-tex Company (“Qualitex”) contended that Ja cobson Products Company, Inc. (“Jacobson”) was manufacturing and selling green-gold press pads designed to look like the “SUN GLOW” pads that Qualitex had promoted and sold for over 30 years. Jacobson brought a counterclaim to declare invalid the Qualitex trademark for the color of its pads on the ground that a trademark could not be granted for color alone. The district court held Jacobson hable for damages from trademark infringement and unfair competition, and enjoined Jacobson from manufacturing, marketing, or selling press pads of the same green-gold color as the pads marketed by Qualitex.

The district court’s jurisdiction was based upon 15 U.S.C. § 1121 and 28 U.S.C. § 1338 (a) and (b). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the judgment against Jacobson for unfair competition but hold that the Qualitex trademark for color alone is invalid.

I.

Qualitex, an Illinois corporation, manufactures and…