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EPPENDORF-NETHELER-HINZ GMBH v. RITTER GMBH

Nos. 00-60875, 01-60658.

289 F.3d 351 (2002)

EPPENDORF-NETHELER-HINZ GMBH, Plaintiff-Appellee-Cross-Appellant, v. RITTER GMBH; RK Manufacturing, Inc., Defendants-Appellants-Cross-Appellees. Eppendorf-Netheler-Hinz GMBH, Plaintiff-Appellee, v. Ritter GMBH; RK Manufacturing, Inc., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 22, 2002.

Attorney(s) appearing for the Case

Peter Jonthan Toren (argued), Sidley, Austin, Brown & Wood, New York City, Cecil Maison Heidelberg, Butler, Snow, O'Mara, Stevens & Cannada, Jackson, MS, Joseph V. Jest, Sidley, Austin, Brown & Wood, Washington, DC, for Eppendorf-Netheler-Hinz GMBH.

William Jerome Utermohlen (argued), Michael Steven Culver, Oliff & Berridge, Alexandria, VA, for Ritter GMBH and RK Mfg. Inc.

Before JONES and DeMOSS, Circuit Judges, and FELDMAN, District Judge.

EDITH H. JONES, Circuit Judge:

Defendants-Appellants Ritter GMBH and RK Manufacturing, Inc., appeal the district court's judgment that they infringed upon Eppendorf-Netheler-Hinz GMBH's trade-dress rights in violation of the Lanham Act, 15 U.S.C. § 1125(a). For the reasons discussed below, we conclude that Eppendorf failed to carry its burden of proof on the issue of non-functionality, and reverse the judgment of the district court.

I. BACKGROUND

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