Legal Opinion
Forney Industries, Inc. v. Daco of Missouri, Inc.
Court of Appeals for the Tenth Circuit
Decided August 29, 2016No. 15-1226PublishedCited by 24 opinions
1Opinion of the Court
HARTZ, Circuit Judge.
Plaintiff Forney Industries, Inc. (For-ney) manufactures and sells a variety of products. Its largest product line is retail metalworking parts and accessories. The issue in this case is whether the use of colors in its packaging of that product line is a protected mark under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
Forney’s packaging has, since at least 1989, used some combination of red, yellow, black, and white coloration. It describes the mark it seeks to protect as follows:
The Forney Color Mark is a combination and arrangement of colors defined by a red into…
2Cases cited29 opinions
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- Abercrombie & Fitch Company v. Hunting World, IncorporatedCourt of Appeals for the Second Circuit · 1976
- Wal-Mart Stores, Inc. v. Samara Brothers, Inc.Supreme Court of the United States · 2000
- Qualitex Co. v. Jacobson Products Co.Supreme Court of the United States · 1995
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3Cited by24 opinions
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- Gerald H. Phipps, Inc. v. Travelers Property Casualty Co. of AmericaCourt of Appeals for the Tenth Circuit · 2017
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