Forney Industries v. Daco of Missouri
September 12, 2016
The district court granted summary judgment to KDAR and we affirm. Forney’s use of color, which was not associated with any particular shape, pattern, or design, was not adequately defined to be inherently distinctive, and Forney failed to produce sufficient evidence that its use of color in its line of products had acquired secondary meaning (that is, that the relevant public understood those colors to identify Forney as the source).
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