[TM4] Scotty Mayfield produces milk in plastic containers. T…
Scotty Mayfield produces milk in plastic containers. The containers are made of yellow-colored plastic, and the yellow coloration is integral to the container material itself rather than a label or surface printing. Mayfield obtained a utility patent for the yellow-colored container because it provides the optimal balance of light exposure to preserve the milk. Mayfield advertises his milk with the slogan, “When you go to the grocery store, look for the yellow milk container.” Over time, consumers begin to identify yellow milk containers with Mayfield’s brand, so the color has acquired secondary meaning. At this point, Mayfield applies to register as a trademark the color yellow as applied to the plastic body of his milk containers.