Don’t Wave the White Flag: The General Mills TTAB Decision Is Not a Pink Slip for Protection of Trade Dress that Includes Color

Trade dress issues are complex and can often be time consuming. Companies facing these issues can often learn from past precedent. This and selecting an effective attorney for representation can make or break a case.

Atkinson Andelson attorney Brian Wheeler recently had an article published in the Top Intellectual Property Lawyers Supplement to the Los Angeles and San Francisco Daily Journal regarding protectable trade dress that includes color as a prominent element of packaging trade dress following the United States Trademark Trial and Appeal Board’s denial of General Mills’ application to register a single-color trade dress for its yellow Cheerios cereal boxes.  Read the full article here.

Brian, a partner in Atkinson Andelson’s Cerritos office, focuses his practice on intellectual property litigation, including trademark, trade dress, copyright, and design patent infringement, as well as trade secret misappropriation and unfair competition.  He regularly represents clients in trade dress matters, including the protection and enforcement of trade dress rights for product packaging that includes color as a prominent element of a robust trade dress, such as the iconic orange packaging King's Hawaiian uses with its famous Hawaiian sweet dinner rolls.

Categories: Trade Dress


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