Forney Indus., Inc. v. Daco of Missouri, Inc., — F.3d —, 2016 WL 4501941 (10th Cir. Aug. 29, 2016)

This appeal arose from a trademark dispute over whether a manufacturer’s use of colors in its product packaging is a protected mark under section 43(a) of the Lanham Act. The Tenth Circuit held that the use of color in product packaging can be inherently distinctive only if specific colors are used in combination with a well-defined shape, pattern, or other distinctive design.