Legal Opinion

I.P. Lund Trading ApS v. Kohler Co.

District Court, D. Massachusetts

Decided October 6, 2000No. CIV. A. 97-10427-NGPublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

GERTNER, District Judge.

I. INTRODUCTION

This case goes to the heart of the question: What is the scope of trade dress protection that a product design may be afforded under the Lanham Act? 1 I.P. Lund Trading ApS (“Lund”) and Kroin Incorporated (“Kroin”) seek protection for what courts often call a “product configuration,” here a bathroom faucet known as the VOLA (“VOLA”). 2 The VOLA was designed by a Danish inventor nearly thirty years ago. Lund has owned and marketed the product since its inception. Kroin is its exclusive distributor in the United States.

Defendant Kohler…

2Cases cited45 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Two Pesos, Inc. v. Taco Cabana, Inc.Supreme Court of the United States · 1992
  3. Inwood Laboratories, Inc. v. Ives Laboratories, Inc.Supreme Court of the United States · 1982
  4. Robert C. Hahn v. Francis W. SargentCourt of Appeals for the First Circuit · 1975
  5. Wal-Mart Stores, Inc. v. Samara Brothers, Inc.Supreme Court of the United States · 2000

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3Cited by9 opinions

  1. Bay State Savings Bank v. Baystate Financial Services, LLCDistrict Court, D. Massachusetts · 2007
  2. Lyons v. American College of Veterinary Sports Medicine & Rehabilitation, Inc.District Court, D. Massachusetts · 2014
  3. Bern Unlimited, Inc. v. Burton Corp.District Court, D. Massachusetts · 2015
  4. Carroll Shelby Licensing, Inc. v. Superformance Int'l., Inc.District Court, D. Massachusetts · 2002
  5. Harvard Apparatus, Inc. v. CowenDistrict Court, D. Massachusetts · 2001

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