Because the Board erred by holding that: (1) a multi-color
mark can never be inherently distinctive, and (2) product
packaging marks that employ color cannot be inherently
distinctive in the absence of a well-defined peripheral
shape or border, we vacate and remand for further proceedings.

Rebecca Tushnet on prior Forney 10th circuit case.

TTABlog on Forney

Christine Farley on Forney

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