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TIE TECH, INC. v. KINEDYNE CORP.

No. 00-35815.

296 F.3d 778 (2002)

TIE TECH, INC., Plaintiff-Appellant, v. KINEDYNE CORPORATION, a New Jersey corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 11, 2002.

Attorney(s) appearing for the Case

Bruce A. Kaser, Miller Nash LLP, Seattle, WA, for the appellant.

Thomas N. Young, Young & Basile, P.C., Troy, MI, for the appellee.

Before RYMER, McKEOWN, and GOULD, Circuit Judges.

OPINION

McKEOWN, Circuit Judge.

This case concerns the validity of a product configuration trademark for the SAFECUT® "web-cutter" device. The issue presented is whether summary judgment was appropriate on grounds that the design is functional and therefore not protectible as a trademark. Underlying this question is the evidentiary role of a trademark registration in such a proceeding. We affirm the district court's grant of summary judgment against...

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