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" ... First, in the seminal case for the protection of colors as trademarks, Qualitex Co. v. Jacobson Prods. Co., the U.S. Supreme Court stated: “[C]olor alone, at least sometimes, can meet the basic legal requirements for use as a trademark. It can act as a symbol that distinguishes a firm's goods and identifies their source, without serving any other significant function.” But here, and in fashion generally, color does not serve the sole purpose of identifying the source or origin of a product or service. Color in the fashion industry almost always serves a function. Of course, if a color is used in conjunction with nonfunctional, distinct and identifiable words, patterns and/or designs, it may be protectable. But that is not the case here. ... "
" ... The swans a-swimming are mute swans, Cygnus olor, a species kept in Britain at the time in semi-domesticity. Since all unmarked swans are considered to be Crown property, they were not hunted to extinction as they were in parts of Europe. For this reason, an annual swan census was established throughout England in the twelfth century so the Royal Family could properly claim their birds. Known as "swan upping", this tradition now takes place along the River Thames during the third week of July. ... "