United States Fifth Circuit

Trade dress protection under the Lanham Act was unavailable where the design features on disposable "pipette" tips (for use with dispenser syringes), though identical to those of plaintiff's product, were each essential to the use or purpose of the tips, and were not arbitrary or ornamental features.

Appellate Information

• Decided 04/22/2002
• Published 04/22/2002

Judges

• EDITH H. JONES, Circuit Judge:, Before JONES and DeMOSS, Circuit Judges, and FELDMAN, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Peter Jonthan Toren (argued), Sidley, Austin, Brown & Wood, New York City, Cecil Maison Heidelberg, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, MS, Joseph V. Jest, Sidley, Austin, Brown & Wood, Washington, DC, for Eppendorf-Netheler-Hinz GMBH., William Jerome Utermohlen (argued), Michael Steven Culver, Oliff & Berridge, Alexandria, VA, for Ritter GMBH and RK Mfg. Inc.