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Clearline v. Cooper B-Line - Joint Pre-Trial Order

Clearline v. Cooper B-Line - Joint Pre-Trial Order

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Published by slburstein
Clearline v. Cooper B-Line - Joint Pre-Trial Order
Clearline v. Cooper B-Line - Joint Pre-Trial Order

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Published by: slburstein on Jun 13, 2013
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06/19/2014

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PLAINTIFF CLEARLINE TECHNOLOGIES LTD.’S PROPOSED JURY INSTRUCTIONS AND QUESTIONS 5

[PROPOSED INSTRUCTION NO. 1

ELEMENTS OF FEDERAL TRADE DRESS INFRINGEMENT8

A trade dress is a type of trademark used by a person to identify his product, to
distinguish his product from those manufactured or sold by others, and to indicate the source
of his product. The term “trade dress” refers to the total image and overall appearance of a
product and may include features such as the size, shape, color, color combinations, textures,
graphics, and even sales techniques that characterize a particular product.9

Clearline asserts that the yellow stripe and yellow-on-black color scheme used on its C-
Port rooftop support products constitute protectable trade dress, and that Cooper infringed on
that trade dress. To prevail on a claim for trade dress infringement, Clearline must first prove:
(1) that the dress qualifies for protection; and (2) that the dress has been infringed.10

8

15. U.S.C. § 1125(a); TrafFix Devices, Inc. v. Marketing Displays, Inc., 532 U.S. 23, 28-29 (2001); Eppendorf-
Netheler-Hinz GMBH v. Ritter GMBH, 289 F.3d 351, 354-55 (5th

Cir. 2002).

9

Pebble Beach Co. v. Tour 18 I, LTD, 155 F.3d 526, 536 (5th Cir. 1998) (“With trade dress, the question is whether
the "combination of features creates a distinctive visual impression, identifying the source of the product.") citing
Sunbeam Prods., Inc. v. West Bend Co., 123 F.3d 246, 251 & n. 3 (5th Cir.1997), cert. denied, ___ U.S. ___, 118
S.Ct. 1795, 140 L.Ed.2d 936 (1998).

10

Taco Cabana Int’l, Inc. v. Two Pesos, Inc., 932 F.2d 1113, 1117-18 (5th Cir. 1991).

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