Legal Opinion
Saferack, LLC v. Bullard Co.
District Court, D. South Carolina
Decided November 27, 2018No. Civil Action No. 2:17-cv-1613-RMGPublished
1Opinion of the Court
(Id. ) The registration further stated that "[t]he color(s) orange is/are claimed as a feature of the mark. The mark consists of the color orange as applied to railings, gates and cages of fall protection equipment. The product configuration depicted in dotted lines is not claimed as a feature of the mark and serves only to show placement of the mark on the goods." (Id. ) In addition to the registered mark, SafeRack submitted photos of equipment it had manufactured that included the color orange on the railings, gates and cages, a copy of which is included below as an example:
*445(Dkt. No. 50-21.)
2Cases cited23 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- United States v. Diebold, Inc.Supreme Court of the United States · 1962
- First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
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