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GROENEVELD TRANSPORT v. LUBECORE INTERN.

Nos. 12-3545, 12-3576.

730 F.3d 494 (2013)

GROENEVELD TRANSPORT EFFICIENCY, INC., Plaintiff-Appellee/Cross-Appellant, v. LUBECORE INTERNATIONAL, INC., Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 12, 2013.

Rehearing and Rehearing En Bank Denied October 16, 2013.

Attorney(s) appearing for the Case

ARGUED: Thomas L. Anastos , Ulmer & Berne LLP, Cleveland, Ohio, for Appellant/Cross-Appellee. Deborah J. Michelson , Miller Goler Faeges Lapine LLP, Cleveland, Ohio, for Appellee/Cross-Appellant. ON BRIEF: Thomas L. Anastos , Melissa L. Zujkowski , Ulmer & Berne LLP, Cleveland, Ohio, for Appellant/Cross-Appellee. Deborah J. Michelson , Steven J. Miller , David A. Kunselman , Miller Goler Faeges Lapine LLP, Cleveland, Ohio, for Appellee/Cross-Appellant. Kenneth B. Germain , Wood Herron & Evans LLP, Cincinnati, Ohio, for Amicus Curiae.

GILMAN, J., delivered the opinion of the court, in which GRIFFIN, J., joined. WHITE, J. (pp. 521-37), delivered a separate dissenting opinion.

OPINION

RONALD LEE GILMAN, Circuit Judge.

The key issue in this case is whether a company can use trade-dress law to protect its functional product design from competition with a "copycat" design made by another company where there is no reasonable likelihood that consumers would confuse the two companies' products as emanating from a single source. We hold that it cannot. In so holding, we reaffirm that trademark law is designed to promote brand recognition...

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