DeWalt won't be able to stop a competitor from selling yellow and black safety tape because the color is essential to the functioning of the product. The color

DeWalt won't be able to stop a competitor from selling yellow and black safety tape because the color is essential to the functioning of the product. The color of a cordless power tool, however, is not essential to its function; the color could be red, orange, chartreuse, blue, and the tool would work just as well.