1. Why did the Supreme Court choose to hear this case?
2. Can color be an inherently distinctive mark? When can color be protected as a mark?
3. Can color be protected as a trademark if it enhances the performance of the product? Why or why not?

OPINION: JUSTICE BREYER The question in this case is whether the Trademark Act of 1946 (Lanham Act) permits the registration of a trademark that consists, purely and simply, of a color. We conclude that, sometimes, a color will meet ordinary legal trademark requirements. And, when it does so, no special legal rule prevents color alone from serving as a trademark.