Property Law Keyed to Singer
Qualitex Co. v. Jacobson Products Co.
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Qualitex Company (Petitioner) uses a special shade of green-gold for press pads that it sells to dry cleaning firms. Jacobson Products (Respondent) began to use the same color. Petitioner registered the color as a trademark and then added a trademark infringement count to an unfair competition claim in a lawsuit it had already filed against Petitioner for use of the color. The Lanham Act gives a seller or producer the exclusive right to register a trademark and to prevent competitors from using that trademark.
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