This section contains the nature of the case and procedural background.

Qualitex (P) used a special shade of green-gold color on the pads that it makes and sells to dry cleaning firms. Jacobson (D) decided to use the same color. In 1991 P registered the special green color press pads with the Patent and Trademark Office as a trademark. P then sued D and won the lawsuit in the District Court. The Court of Appeals set aside that judgment; the Lanham Act does not permit to register color alone. The Supreme Court granted certiorari.

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