In Law360, IP Litigators Examine Federal Circuit Ruling Addressing Color Trade Dress Distinctiveness

In a Law360 article, IP litigation counsel Evan Gourvitz (New York) examines the Federal Circuit ruling color trade dress distinctiveness. The author explains that the court’s Forney decision attempts to resolve the tension that arises when color, a feature of goods that consumers do not typically associate with a single source, is used for product packaging—something that consumers may associate with a single source. The court’s decision leaves multiple questions for future trademark applicants and their attorneys.