Legal Opinion
Qualitex Company v. Jacobson Products Company, Inc.
Court of Appeals for the Ninth Circuit
Decided January 3, 1994No. 91-56260PublishedCited by 12 opinions
1Opinion of the Court
HÜG, Circuit Judge:
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…
2Cases cited15 opinions
- Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
- Amf Incorporated, a Corporation v. Sleekcraft Boats, a Sole Proprietorship, and Bruce E. Nescher, an IndividualCourt of Appeals for the Ninth Circuit · 1979
- Century 21 Real Estate Corporation, a Delaware Corporation v. Billy Sandlin, an Individual, Dba Century Investments & Realty, DefendantCourt of Appeals for the Ninth Circuit · 1988
- First Brands Corporation v. Fred Meyer, Inc. And Basf Wyandotte CorporationCourt of Appeals for the First Circuit · 1987
- Vision Sports, Inc. v. Melville Corp.Court of Appeals for the Ninth Circuit · 1989
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3Cited by12 opinions
- Qualitex Co. v. Jacobson Products Co.Supreme Court of the United States · 1995
- Janet Travis, Inc. v. Preka Holdings, LLCMichigan Court of Appeals · 2014
- Woodke v. DahmDistrict Court, N.D. Iowa · 1995
- 3RD MILLENNIUM SURGERY CENTER LLC v. PUERTO RICO CONVENTION CENTER DISTRICT AUTHORITYUnited States Bankruptcy Court, D. Puerto Rico · 2023
- Aromatique, Inc., Appellee/cross-Appellant v. Gold Seal, Inc., and Darrell Bufford, Appellants/cross-AppelleesCourt of Appeals for the Eighth Circuit · 1994
7 more not listed; retrieve them via the Exa API.