The Antioch Company v. Western Trimming Corporation

OPINION

GILMAN, Circuit Judge.

This appeal involves the question of whether, as a matter of law, the Antioch Company’s scrapbook album configuration is functional and therefore ineligible for trade dress protection. By seeking trade dress protection for its album design, Antioch is trying to bar Western Trimming Corporation (Westrim) from selling “knock-off’ copies of the album format under the Westrim trademark. For the reasons set forth below, we AFFIRM the district court’s grant of summary judgment for Westrim.

I. BACKGROUND

A. Factual background

Antioch produces and markets a scrapbook album…