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Medical device manufacturer Acacia, Inc. received a cease-and-desist letter from a competitor, NeoMed, Inc., regarding Acacia’s use of orange text and/or graduation markings on its enteral syringes for neonatal patients.  Acacia believed that NeoMed’s use of the color orange on its enteral syringes served a functional purpose – i.e., identifying the syringes as for oral use only as opposed to I-V use – and thus could not be a protectable trademark.  Acacia called upon Ellis George LLP to file a declaratory relief action, seeking an order finding that NeoMed’s asserted trademark was invalid and cancelling NeoMed’s trademark registration.  On July 23, 2012, the Central District of California granted Acacia’s motion for partial summary judgment and ordered NeoMed’s trademark registration cancelled.  The Court held that NeoMed’s use of the color orange on its enteral syringes was functional as a matter of law.  See Acacia, Inc. v. NeoMed, Inc., 2012 WL 3019948 (C.D. Cal. July 23, 2012).  Ellis George attorneys Keith J. Wesley and Peter Shimamoto represented Acacia.