The ubiquity of orange as a “safety color” didn’t help a loading-equipment manufacturer accused of infringing a competitor’s trademark, in a Nov. 28 opinion from the U.S. District Court for the District of South Carolina.
SafeRack LLC has a registered mark for the use of the color orange on “railings, gates, and cages of fall protection equipment.” It claimed that Bullard Co.'s use of orange on its transportation-industry loading equipment infringed on its registered mark and created confusion in the market.
The court granted summary judgment to SafeRack on the trademark infringement claim because Bullard didn’t dispute it used orange ...
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