In the case of Qualitex Company v. Jacobson Products Company, Inc., the U.S Supreme Court ruled that a color could be registered as a trademark under the Federal Trademark Act (Lanham Act). The dispute arose when Qualitex started using a green-gold color for its dry cleaning press pads in 1957 and subsequently sued Jacobson Products for using the same color on their press pads, alleging trademark infringement. The court held that it was possible to meet all requirements set forth by Lanham Act with respect to colors; therefore, they can serve as trademarks if used consistently and exclusively by one company over time such that consumers associate them with certain goods or services from this particular source. This decision marked an important development in intellectual property law because it expanded protection beyond traditional symbols and words to include distinctive non-verbal elements like colors.

In the dissenting opinion for Qualitex Company v. Jacobson Products Company, Inc., Justice Scalia argued that color alone should not be eligible for trademark protection under the Lanham Act. He contended that while a particular shade of green-gold used in dry cleaning pads might serve to identify Qualitex's goods, it did not meet the statutory definition of a trademark as it was not a "symbol" or "device". Furthermore, he expressed concern about potential negative implications on competition and innovation if colors were allowed to be monopolized through trademarks. In his view, granting such exclusive rights could limit available options for other businesses in similar industries and stifle creativity. Thus, he disagreed with majority’s decision which extended protection to single-color trademarks under certain conditions.