Sarah Burstein on Nostr: To prevail on this claim, Emson will first have to prove that this color combination ...

To prevail on this claim, Emson will first have to prove that this color combination has acquired distinctiveness (aka secondary meaning).

It will also have to prove that the colors are not functional.

See generally Qualitex v. Jacobson: https://www.law.cornell.edu/supct/html/93-1577.ZO.html

I'm not familiar with this market so I have no idea if there is a plausible claim for secondary meaning here.