Bretford Manufacturing, Inc. v. Smith System Manufacturing Corp.
United States Court of Appeals for the Seventh Circuit
419 F.3d 576 (7th Cir. 2005)
Bretford Manufacturing (plaintiff) was the sole maker of a V-shaped-brace computer table design from 1990 to 1997, until competitor Smith System (defendant) began using a similar brace. When a Smith prototype for a Dallas school system bulk order wasn't ready, Smith built a sample combining its own tabletop with a leg assembly it sourced from Bretford, telling Dallas that Smith itself was the manufacturer responsible for the finished table. Bretford sued Smith for reverse passing off under the Lanham Act, claiming the V-shaped brace was its protected trade dress; the district court ruled for Smith, and Bretford appealed.
Whether reverse passing off violates the Lanham Act when a company incorporates a competitor's component into its own finished product, but does not misdescribe who actually made and stands behind the finished product.