In a legal confrontation that underscores the competitive nature of corporate branding, U-Haul International has initiated a trademark infringement lawsuit against its rival, Public Storage. The suit, filed by U-Haul, asserts that Public Storage has submitted misleading information to the United States Patent and Trademark Office (USPTO) to claim the exclusive right to the color orange and related trademarks. U-Haul argues that such a claim is unsustainable and constitutes an effort to dominate the use of orange trade dress, thereby marginalizing other users of the color in the marketplace.
The litigation centers on whether a single entity can legally hold exclusive rights to a color, which in this case is a prominent feature of both companies’ branding. This issue is not new in trademark law, as color marks can be registered if they serve to identify the source of a product and do not serve a functional purpose. However, proving distinctiveness and avoiding generic use of a color are significant legal hurdles.
Details of the case highlight the intricate challenges involved in protecting color trademarks and raise broader questions about competitive practices in the self-storage industry. For further insights into this developing legal battle, the original article can be accessed on The Recorder.