United States Fourth Circuit
McAirlaids, Inc. v. Kimberly-Clark Corporation, 13-2044
Summary judgment in favor of defendant in an action for trade-dress infringement and unfair competition under sections 32(1)(a) and 43(a) of the Trademark Act of 1946 (Lanham Act) and Virginia common law, is vacated and remanded, where: 1) plaintiff alleges that defendant used a similar dot pattern on its GoodNites bed mats as plaintiff used on plaintiff's absorbent products; 2) plaintiff has presented sufficient evidence to create a genuine factual question as to whether their selection of a pixel pattern was a purely aesthetic choice among many alternatives; and thus, 3) plaintiff has presented sufficient evidence to raise a genuine issue of material fact regarding the functionality of its pixel pattern.
Appellate Information
- Decided 06/25/2014
- Published 06/25/2014
Judges
- DUNCAN
Court
- United States Fourth Circuit