Brunswick Corp. v. British Seagull Ltd., 35 F.3d 1527 (1994) p.327

SUBJECT

bars to registration

ISSUE

Whether black can be registered as a trademark. Whether the color is functional.

HOLDING

The color black is purely functional and is not protectible.

RATIONAL

1. It makes the product look smaller; feature puchasers look for
2. Since an outboard motor, black is a common color that blends in with a variety of boats. Consumers would pick this motor just because of the color.

Color is de jure functional because it has a competitive advantage in the marketplace.

Created on: Tuesday, February 08, 2000 at 18:13:33 (PST)