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THOMAS & BETTS CORP. v. PANDUIT CORP.

Nos. 94-3911, 95-1793.

65 F.3d 654 (1995)

THOMAS & BETTS CORPORATION and Thomas & Betts Holdings, Inc., Plaintiffs-Appellees, v. PANDUIT CORP., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 14, 1995.

Rehearing and Suggestion for Rehearing Denied October 23, 1995.

Attorney(s) appearing for the Case

Malcolm H. Brooks, Marc L. Fogelberg, Jerry Kronenberg, McBride, Baker & Coles, Chicago, IL, Keith E. Gilman, Lawrence I. Lerner (argued), Sidney David, Charles P. Kennedy, Lerner, David, Littenberg, Krumholz & Mentlik, Westfield, NJ, for Plaintiff-Appellee Thomas and Betts Corporation, Thomas and Betts Holdings, Incorporated.

John T. Brown, David C. Hilliard (argued), Nancy L. Clarke, Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, Chicago, IL, Charles R. Wentzel, Mark D. Hilliard, Panduit Corporation, Tinley Park, IL, for defendant-appellant Panduit Corp.

Before CUMMINGS, BAUER and ROVNER, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 23, 1995.

CUMMINGS, Circuit Judge.

Panduit appeals a preliminary injunction barring it from producing cable ties with certain features disclosed in an expired patent. Because the plaintiff has not established that the features are protectable trade dress, we reverse.

Background

The combatants in this litigation are the nation's largest suppliers of cable ties, small nylon belts...

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