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Okt 20, 2017
Jonathan Hyman, Knobbe Martens,USA
Nicole R. Townes, Knobbe Martens,USA
First published on www.knobbe.com

General Mills Finds Out That Yellow Is Not “Magically D...


Jonathan Hyman, Knobbe Martens,USA, Nicole R. Townes, Knobbe Martens,USA, First published on www.knobbe.comYears after the Christian Louboutin v. Yves Saint Laurent battle over red soled shoes, trademark protection for color continues to be a hot topic. On August 22, 2017, the Trademark Trial and Appeal Board (“TTAB”) held that General Mills was not entitled to a trademark registration for its yellow Cheerios’ box. This case is a good lesson for fashion brands to understand what evidence they will need to obtain a federal registration for a color mark.
General Mills applied to register the mark in connection with “toroidal-shaped, oat-based breakfast cereal.” Because color can never be inherently distinctive, a brand owner applying for trademark protection for a color must show that the color has acquired distinctiveness, meaning consumers have come to recognize it as a source indicator for that brand. See Wal-Mart Stores, Inc. v. Samara Bros., 529 U.S. 205, 212 (2000). In other words, when a consumer sees a yellow cereal box, the consumer immediately associates General Mills as the source of the cereal. Some classic examples of color marks are  read more