Eppendorf-Netherler-Hinz GMBH v. Ritter GMBH
United States Court of Appeals for the Fifth Circuit
289 F.3d 351 (2002)
Relevant factsFree
Eppendorf (plaintiff) obtained trade dress protection and a jury verdict against Ritter (defendant), a competitor selling similar disposable pipette tips and dispenser syringes, leading the district court to permanently enjoin Ritter from selling confusingly similar products; Eppendorf's own experts conceded at trial that the design elements at issue were necessary to the product's function, while Eppendorf's only counter-evidence was that alternative designs existed.
IssueFree
Whether the primary test for determining if a design element is a functional feature of a product is whether the element is essential to the use or purpose of the product.
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