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fashion items is not available.

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on this point

tion because it poses significant trademark and policy issues. Furthermore, even with no finding of error, it is likely that the Second Circuit will dismiss Judge Marrero's finding that a trademark should hermes bagsnever be granted for the use of a single color for fashion items, as a broad per se rule against color trademark in fashion conflicts with Qualitex and contradicts the Trademark Technical and Con

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se-law precedent shows that marks consisting of various colors and combinations of colors have been held to be protectable in the fashion industry. True, says the Amerikat, but not a single color on fashion item .The Utilitarian Functionality DefenseAfter examining the validity, the court should have looked at the likelihood of confusion. Despite both parties providingHermes Lindy-34CM arguments on this point, Jud

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the defendant then bears

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