Some of you might remember that the parties previously litigated this issue in Colorado.

The district court, like the TTAB, concluded that the color pink was functional. https://www.scribd.com/document/335930110/C5-Med-Werks-v-Ceramtec-Order

The 10th Circuit didn't reach the trademark issue because it concluded that the District Court didn't have personal jurisdiction over CeramTec: https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110226021.pdf

#CeramTec #PinkHipImplants #Functionality #TradeDress #CivProMatters

CeramTec has appealed its TTAB loss to the Federal Circuit: https://www.scribd.com/document/625729314/CeramTec-GmbH-v-CoorsTek-Bioceramics-LLC-Notice-of-Appeal

CeramTec has trade dress registrations that claim the color pink for use in connection with hip implants.

But it has "sought or obtained additional [utility] patent protection for compositions claiming the beneficial effects of chromia, the chemical that turns the compound pink."

The TTAB held that, in this context, pink is functional & unregistrable

#CeramTec #PinkHipImplants #Functionality #TradeDress