Green Medical Gloves Genericness Finding Stands as Justices Pass

The US Supreme Court declined Monday to take up a medical gloves company’s petition to revive its bid to register a shade of green as protectable trade dress.

PT Medisafe Technologies argued the US Court of Appeals for the Federal Circuit defied statute and created a circuit split when it endorsed a Trademark Trial and Appeal Board modification of the generic word trademark test to apply it to prospective color marks.

The high court’s denial leaves in place the adaption of a 1986 Federal Circuit generics test to address color marks in the circuit court that hears direct TTAB appeals. ...