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.
Related cases
Johnson & Johnston Associates Inc. v. R.E. Service Co., Inc.285 F.3d 1046 (2002)Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd.535 U.S. 722 (2002)Philip Morris, Inc. v. Reilly312 F.3d 24 (2002)Harrods Ltd. v. Sixty Internet Domain Names302 F.3d 214 (2002)Cashmere & Camel Hair Manufacturers Institute v. Saks Fifth Avenue284 F.3d 302 (2002)