Color Trademarks Not Generic, Medical Glove Maker Tells Justices

A medical gloves company argued a color can’t be a “generic name” under trademark law in its petition asking the US Supreme Court to revive its bid to register a green gloves trademark.

PT Medisafe Technologies Inc. claimed the test adopted by the US Court of Appeals for the Federal Circuit flouts the Lanham Act and creates a circuit split in its petition for certiorari docketed Oct. 3. The Federal Circuit’s precedential opinion endorsed a prior trademark tribunal ruling that modified its genericness test for application to color marks.

The petition seeks to smooth the path for enforcing colors as ...