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QUALITEX CO. v. JACOBSON PRODUCTS CO., INC.

No. 91-56260.

13 F.3d 1297 (1994)

QUALITEX COMPANY, Plaintiff-Appellee, v. JACOBSON PRODUCTS COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 3, 1994.

Attorney(s) appearing for the Case

Laurence D. Strick, Richman, Lawrence, Mann, Green, Arbiter & Chizever, Beverly Hills, CA, for defendant-appellant.

Donald G. Mulack, Keck, Mahin & Cate, Chicago, IL, for plaintiff-appellee.

Before: HUG, FERGUSON, O'SCANNLAIN, Circuit Judges.

HUG, 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. Qualitex Company ("Qualitex") contended that Jacobson Products Company, Inc. ("Jacobson") was manufacturing and selling green-gold press pads designed to look like the "SUN GLOW" pads that Qualitex had...

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