Civil Litigation,
Intellectual Property
Apr. 18, 2018
General Mills TTAB decision is not a pink slip for single-color trade dress
Following the Trademark Trial and Appeal Board's denial of an application to register a single-color trade dress for yellow Cheerios boxes, myriad commentators said the ruling will embolden would-be infringers.
Brian M. Wheeler
Partner
Atkinson, Andelson, Loya, Ruud & Romo
12800 Center Court Dr S Ste 300
Cerritos , California` 90703
Phone: (562) 653-3200
Email: BWheeler@aalrr.com
Brian focuses his practice on intellectual property litigation, including trademark, trade dress, design patent, and copyright infringement, as well as trade secret misappropriation and unfair competition cases. He regularly represents his clients in trade dress matters, including in particular litigation to enforce trade dress rights for products and product packaging that includes color as a prominent element of multi-element trade dress.
This column appeared in the April 18 TOP INTELLECTUAL PROPERTY LAWYERS special report.
Following the Trademark Trial and Appeal Board's denial of General Mills' application to register a single-color trade dress for its yellow Cheerios boxes, myriad websites posted articles suggesting the TTAB decision left the prospect for trade dress protection for colored packaging black and blue, thereby emboldening would-be infringers. $95
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