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LEATHERMAN TOOL GROUP v. COOPER INDUSTRIES

Nos. 98-35147, 98-35415.

199 F.3d 1009 (1999)

LEATHERMAN TOOL GROUP, INC., an Oregon corporation, Plaintiff-Appellee, v. COOPER INDUSTRIES, INC., an Ohio corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 17, 1999.

Attorney(s) appearing for the Case

John D. Vandenberg, David J. Earp and Garth A. Winn, Klarquist Sparkman Campbell Leigh & Whinston, Portland, Oregon, for the defendant-appellant.

J. Peter Staples, Julianne Ross Davis and Bruce W. DeKock, Chernoff, Vilhauer, McClung & Stenzel, Portland Oregon, for the plaintiff-appellee.

Before: CANBY, and T.G. NELSON, Circuit Judges, and FOGEL, District Judge.

FOGEL, District Judge:

In this case we must decide when and to what extent the overall appearance of a non-patented product is protectable as "trade dress." Plaintiff Leatherman Tool Group, Inc. ("Leatherman") was first to market with an admittedly ingenious multi-function pocket tool which improves on the classic "Swiss army knife" in a number of respects. Not the least of the improvements was the inclusion of pliers, which, when unfolded, are nearly equivalent to...

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