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MASTER DISTRIBUTORS, INC. v. PAKO CORP.

No. 92-1345.

986 F.2d 219 (1993)

MASTER DISTRIBUTORS, INC., a New Hampshire corporation, Appellant, v. PAKO CORPORATION, a Delaware corporation; Pakor, Inc., a Minnesota corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 17, 1993.

Rehearing and Rehearing Denied April 5, 1993.

Attorney(s) appearing for the Case

Edward F. Fox, St. Louis, MO, argued (Donald W. Niles, Mark W. Haigh, on brief), for appellant.

David R. Fairbairn, Minneapolis, MN, argued (Thomas J. Stueber and Joseph R. Kelly, on brief), for appellee.

Before JOHN R. GIBSON and MAGILL, Circuit Judges, and VAN SICKLE, Senior District Judge.

Rehearing and Rehearing En Banc Denied April 5, 1993.

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...

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