United States Seventh Circuit

The record supports district judge's refusal to enjoin plaintiff from marketing a round thermostat. The likelihood of a subsequent finding that a round shape is a functional attribute of thermostats is sufficiently high, and damages are sufficiently easy to calculate if defendant wins in the end, that plaintiff should be allowed to sell its competing product while the litigation proceeds.

Appellate Information

• Decided 12/31/2003
• Published 12/31/2003

Judges

• EASTERBROOK, Circuit Judge., Before FLAUM, Chief Judge. and EASTERBROOK and MANION, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• David M. Lockman (argued), Maginot, Moore & Bowman, Indianapolis, IN, for Plaintiff-Appellee., Christopher Landau (argued), Kirkland & Ellis, Washington, DC, Paul R. Garcia, Kirkland & Ellis, Chicago, IL, for Defendant-Appellant.