United States Sixth Circuit

In a trade dress infringement action, summary judgment to defendant is affirmed where the court properly applied the traditional rule for assessing the functionality of plaintiff's product design, correctly rejected evidence of alternative designs, and correctly found that plaintiff's album was, as a whole, functional.

Appellate Information

• Decided 10/20/2003
• Published 10/20/2003

Judges

• Before MOORE and GILMAN, Circuit Judges;  MILLS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• John B. Pinney (argued and briefed), Graydon, Head & Ritchey, Cincinnati, OH, Thomas W. Flynn (briefed), Wood, Herron & Evans, Cincinnati, OH, Steven D.A. McCarthy (briefed), Biebel & French, Dayton, OH, for Plaintiff-Appellant.


• For Appellees:
  
• Charles J. Faruki (briefed), Gerald S. Sharkey (briefed), Faruki, Ireland & Cox, Dayton, OH, John D. Bauersfeld (briefed), John E. Kelly (argued and briefed), Kelly, Bauersfeld, Lowry & Kelly, Woodland Hills, CA, for Defendant-Appellee.