by Dennis Crouch
Although the Supreme Court permits color itself to serve as a trademark, the cases have generally not been strongly supportive. The Federal Circuit's recent decision on green medical examination gloves fits this standard like a ... glove. In re PT Medisafe Technologies (Fed. Cir. April 29, 2025). The decision particularly focuses on color mark genericness, holding that the dark green color for chloroprene medical examination gloves was "so common in the industry that it cannot identify a single source."
