514 U.S. 159 (1995)
Qualitex Company has used a special shade of green-gold color on the press pads it makes and sells to dry cleaning firms for use on dry cleaning presses since the 1950s.1 Jacobson Products Company, a rival firm, began selling its own press pads colored in a similar green-gold shade to dry cleaning firms in 1989.2
In 1991 Qualitex registered the special green-gold color on press pads with the Patent and Trademark Office as a trademark under Registration No. 1,633,711 dated February 5, 1991.3 Qualitex subsequently added a trademark infringement count to an unfair competition claim under the Lanham Act in a lawsuit it had already filed against Jacobson.4
The District Court ruled in Qualitex's favor in the action.5 The Court of Appeals for the Ninth Circuit set aside the judgment in Qualitex's favor on the trademark infringement claim.6
Courts of Appeals had differed on whether color alone could qualify as a trademark, with some circuits imposing an absolute prohibition and others allowing registration in particular circumstances.7 The Supreme Court granted certiorari in 1994 to address the division among the circuits.8
Whether the Trademark Act of 1946 permits the registration of a trademark that consists, purely and simply, of a color?9
The Lanham Act permits the registration of a color as a trademark if the color has attained secondary meaning so that it identifies and distinguishes a particular brand and indicates its source.10 The color must not be functional.11 A feature is functional if it is essential to the use or purpose of the article or if it affects the cost or quality of the article.12
Yes. The Trademark Act of 1946 permits registration of color alone as a trademark because the Lanham Act's broad language includes any symbol or device that identifies and distinguishes goods.13 Qualitex's green-gold color has developed secondary meaning as found by the District Court.14 The color serves no functional purpose according to the undisputed findings.15
The color acts as a symbol that distinguishes Qualitex's press pads from those of competitors like Jacobson Products.16 The functionality doctrine does not bar it since other colors are equally usable and there is no competitive need for the specific shade.17 Therefore, the Ninth Circuit erred in setting aside the judgment.18
The Trademark Act of 1946 permits the registration of a trademark that consists, purely and simply, of a color when it satisfies the requirements of secondary meaning and non-functionality.19