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HWE, INC. v. JB RESEARCH, INC.

No. 92-55028.

993 F.2d 694 (1993)

HWE, INC., Plaintiff-Appellant, v. JB RESEARCH, INC., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 17, 1993.

Attorney(s) appearing for the Case

Michael A. Painter, Cooper Epstein & Hurewitz, Beverly Hills, CA, for plaintiff-appellant.

Morris S. Getzels, Malat, Malat & Getzels, Beverly Hills, CA, for defendants-appellees.

Before NOONAN and LEAVY, Circuit Judges, and TANNER, Senior District Judge.

NOONAN, Circuit Judge:

HWE, Inc. (HWE) brought suit against JB Research, Inc., Hammacher Schlemmer, and Does I-X (all defendants here styled as JB) for appropriation of the trade dress of its massage table in violation of the Lanham Act, 15 U.S.C. § 1125(a) and Cal.Bus. & Prof. Code § 17200. JB counterclaimed. Finding that there was no factual dispute as to HWE's product's lack of non-functional design and lack of secondary meaning, the district court...

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