Which of the following is true regarding Joshua's claim of trademark infringement involving the color of the bandana?
A) Color may not be a trademark.
B) Color can be a trademark regardless of whether it identifies goods with their source.
C) Color may be a trademark if it identifies goods with their source.
D) Color can be considered in a trademark infringement case only if another primary trademark infringement has been established.
E) Color can be a consideration in a trademark infringement case only if a primary additional infringement has been established and secondary meaning has been established in regards to the color.

Question

Quizplus · Accepted Answer

In Qualitex Co. v. Jacobson Products Co., Justice Breyer, writing for a majority of the Supreme Court, recognized that a color, if unusual enough in the context, could in fact come to identify goods with their source, just as descriptive words on a product could.

Which of the Following Is True Regarding Joshua's Claim of Trademark