The U.S. Court of Appeals for the Federal Circuit recently affirmed a decision to cancel trade dress protections for the color pink used in hip joint implants by a German medical supplier. The court determined that the color is functional, reinforcing the panel’s conclusion that was backed by the company’s own previous patents and public statements. This ruling highlights the complexities surrounding the functionality defense in trade dress litigation, where a design or feature is considered essential to the use or purpose of the article, or affects its cost or quality, making it ineligible for trade dress protection.
For more details on this case, visit the article on Law360.