A. Leschen & Sons Rope Co. v. Broderick & Bascom Rope Co – Case Brief Summary (U.S. Supreme Court)

A. Leschen & Sons Rope Co. v. Broderick & Bascom Rope Co - Case Brief Summary (U.S. Supreme Court)

In A. Leschen & Sons Rope Co. v. Broderick & Bascom Rope Co., 201 U.S. 166, 170-71, 26 S.Ct. 425, 426-27, 50 L.Ed. 710 (1906), overruled on other grounds, United Mine Workers v. Gibbs, 383 U.S. 715, 86 S.Ct. 1130, 16 L.Ed.2d 218 (1966), the Court denied infringement protection to a trademark consisting of an unspecified colored streak woven into a wire rope.

The Court noted that "a trademark could not be claimed of a rope, the entire surface of which was colored," but also stated that it might have sustained the registration if the plaintiff's claimed trademark was restricted to one specific color, such as red. Id. 201 U.S. at 170, 26 S.Ct. at 426.

Ultimately, the Court declined to decide the color protection issue because the plaintiff's claim was much broader than protecting one distinctive color. Id. at 172, 26 S.Ct. at 427.