Master Distributors, Inc., a New Hampshire Corporation v. Pako Corporation, a Delaware Corporation Pakor, Inc., a Minnesota Corporation

JOHN R. GIBSON, Circuit Judge.

Master Distributors, Inc. appeals from an order granting partial summary judgment to the extent MDI claims common law trademark rights in the blue color of its “Blue Max” leader splicing tape. The district court held, as a matter of law, that color alone cannot be protected as a trademark, and that even if it can be protected, the color depletion theory, which assumes that new competitors would be precluded from entering an industry once all colors are used and protected, applies to this situation. 777 F.Supp. 744, 749-50 (D.Minn. 1991). We reverse and remand for…