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

In prior litigation, CeramTec tried to argue that (at least some of) the patents weren't a problem because they covered both pink and not-pink embodiments: https://www.scribd.com/document/371204153/C5-Medical-Werks-v-CeramTec-Appellant-Brief

But the 10th Circuit didn't get to that issue because it concluded the district court lacked personal jurisdiction over CeramTec: https://www.ca10.uscourts.gov/sites/ca10/files/opinions/010110226021.pdf

#TradeDress #DesignLaw #Functionality #PinkHipImplants #Patents

How can pink be functional, you ask? Basically, the pink comes from chromium oxide, which makes the implants harder, tougher, stronger.

Indeed, CeramTec "has sought or obtained additional patent protection for compositions claiming the beneficial effects of chromia, the chemical that turns the compound pink."

#TradeDress #DesignLaw #Functionality #PinkHipImplants #Patents

The Saga of the Pink Hip Implants continues:

The TTAB has granted petitions to cancel U.S. Trademark Registrations No. 4319095 & 4319096 as functional. http://ttabvue.uspto.gov/ttabvue/ttabvue-92058781-CAN-171.pdf

I assume CeramTec will appeal.

H/t TTABlog: https://thettablog.blogspot.com/2022/12/ttab-grants-petitions-for-cancellation.html

#TradeDress #DesignLaw #Functionality #PinkHipImplants