Intellectual Property,
9th U.S. Circuit Court of Appeals
Jun. 6, 2018
9th Circuit asks: Would an earplug of any other color be just as safe?
A Los Angeles federal court should have considered whether colors other than bright green can meet safety compliance tests for companies that require employees to use earplugs, the 9th U.S. Circuit Court of Appeals has ruled.
A U.S. district court should have considered whether a company can have a trademark protection for a bright green color used on safety earplugs, the 9th U.S. Circuit Court of Appeals ruled Tuesday.
The lower court failed to consider whether other hues can meet safety compliance tests for employers who require their workers to wear earplugs, the panel ruled.
Reversing former U.S. District Judge Geor...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$895, but save $100 when you subscribe today… Just $795 for the first year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In
Enewsletter Sign-up
Related Content
Intellectual Property
Moldex-Metric v. McKeon Products
When considering whether element of trade dress is 'functional,' court must consider whether possible alternatives provide similar or better functionality before dismissing suit against a...
