DALLAS (CN) – Paragon Industries has asked the Federal Court to cancel Denver Glass Machinery‘s trademark on using “the color blue” in glass-making ovens and kilns. Paragon says it’s used that color – a standard Sherwin-Williams shade – for years, and sold 50,000 blue ovens before Denver got its trademark in 2006.
Paragon says that it and at least seven other companies have sold hundreds of thousands of blue ovens and kilns since the 1970s. It claims Denver either fraudulently refused to mention those blue ovens in its trademark application, or failed to verify the accuracy of its statement, in its trademark application, that it was the only one using the color.
Denver applied for the trademark in September 2006 and the US PTO granted it that December. Whereupon Denver began sending cease-and-desist letters to other makers of blue oven, including the plaintiff.
Paragon says, Give us a freaking break. Or words to that effect.