Read Secalt, S.A. v. Wuxi Shenxi Construction Machinery Co., Ltd., 10-17007

In a suit claiming that the defendant's traction hoists infringed the trade dress of the plaintiffs' traction hoist, the district court’s grant of summary judgment, its finding of exceptionality, and its award of attorney’s fees under the Lanham Act are affirmed, where the plaintiffs did not present evidence sufficient to create a triable issue as to the nonfunctionality of its claimed trade dress, but the district court's award of non-taxable costs and certain taxable costs is reversed.

Appellate Information

• Decided 02/07/2012
• Published 02/07/2012

Judges

• McKeown

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Scott S. Christie, James C. Martin