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Functionality & Fame - Trademark Infringement of Herman Miller's Iconic Eames and Aeron Chairs Addressed by the 9th Circuit

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Blumenthal Distrib., Inc. v. Herman Miller, Inc. , No. 18-56471, 2020 WL 3458983 (9th Cir. June 25, 2020) https://design-middleeast.com/herman-millers-cosm-wins-red-dot-award-as-best-office-chair/ Topic: Trademarks - Trade Dress Functionality Takeaways: Arrangements of individual functional (non-protectable) elements in furniture can come together to create a nonfunctional appearance that is protectable. "Household name" level of fame is required to make a claim for trade dress dilution for 9th Circuit under Thane v. Trek Herman Miller, Inc. (“HM”) sells Eames chairs and Aeron chairs. On December 13, 2013, HM sent a cease-and-desist letter to Blumenthal Distributing, Inc., d/b/a Office Star Products (“OSP”), accusing OSP of selling “knockoff” chairs that look like HM's Eames and Aeron chairs. The letter alleged infringement of HM's rights in the EAMES and AERON trade dresses under the Lanham Act. Litigation ensued, culminating in a jury trial on