Brunswick Corp. v. British Seagull Ltd.
United States Court of Appeals for the Federal Circuit
35 F.3d 1527 (1994)
Mercury, a Brunswick (plaintiff) brand, sought to trademark the color black for its outboard marine engines, having marketed the color as a distinguishing feature; competitor British Seagull (defendant) opposed, arguing black served a genuine competitive need in the market because it coordinates with a wide range of boat colors and makes engines appear visually smaller. The Trademark Trial and Appeal Board denied Mercury's trademark application on functionality grounds, and Mercury appealed.
Whether a color that serves a competitive need for a class of products, even without serving a mechanical or operational function, is a functional feature ineligible for trademark protection.