ARAC Files Declaratory Judgment Action Over "Orange" Color Trademarks For Home Contracting Services
Cedar Valley's service marks, Serial Nos. 77142831 and 77143590, are registered in International Class 37, and claim the color "orange" as the sole feature of the mark. ARAC contends that the color orange "yields a utilitarian or functional advantage" in the construction industry, primarily for safety purposes. ARAC also asserts that Cedar Valley's marks do not distinguish between the many shades of the color orange. As a result, ARAC asks the Court to cancel the federal registrations for the marks.
The case has been assigned action number 1:12-cv-02448, and has been assigned to Senior Judge Robert L. Vining, Jr.
UPDATE: On October 24, 2012, the parties filed a Joint Stipulation of Dismissal, terminating the case. See our November 13 post.