Administrative-Trademark Infringement-Lanham Act-Cancellation

Staff Report//August 5, 2026//

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Plaintiff appealed the district court’s judgment that canceled its trademark. Plaintiff sued defendant for trademark infringement, arguing that defendant had infringed on plaintiff’s trademark of chartreuse-colored water hoses. However, the district court granted defendant’s request to cancel the mark, ruling that it was invalid because the color chartreuse on water hoses was a functional feature and had not acquired distinctiveness.

Where plaintiff’s advertising cited the functional advantage of the color of its hoses, the district court did not err in concluding that the chartreuse color on plaintiff’s hoses was a functional element and thus could not form the basis of a trademark.

Judgment is affirmed.

Weems Industries, Inc. v. Teknor Apex Company (MLW No. 85197/Case No. 24-3608 & 25-2956 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Arnold, J.) Appealed from U.S. District Court, Northern District of Iowa, Strand, J. (Nicholas F. Miller, West Des Moines, IA for appellant) (Jeffrey D. Harty, Des Moines, IA for appellee; Spencer S. Cady, Des Moines, IA and Cheryl L. Farine, Tallmadge, OH on the brief)