Legal Opinion
Leatherman Tool Group, Inc., an Oregon Corporation v. Cooper Industries, Inc., an Ohio Corporation
Court of Appeals for the Ninth Circuit
Decided December 17, 1999No. 98-35147, 98-35415PublishedCited by 50 opinions
1Opinion of the Court
FOGEL, District Judge:
In this case we must decide when and to what extent the overall appearance of a non-patented product is protectable as “trade dress.” Plaintiff Leatherman Tool Group, Inc. (“Leatherman”) was first to market with an admittedly ingenious mul-ti-function pocket tool which improves on the classic “Swiss army knife” in a number of respects. Not the least of the improvements was the inclusion of pliers, which, when unfolded, are nearly equivalent to regular full-sized pliers. Leatherman sells its tool under the name “Pocket Survival Tool” (“PST”). 2 Leatherman apparently…
2Cases cited13 opinions
- Gilbrook v. City of WestminsterCourt of Appeals for the Ninth Circuit · 1999
- Landes Construction Co., Inc., Plaintiff-Appellee/cross-Appellant v. Royal Bank of Canada, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1987
- Landscape Forms, Inc. v. Columbia Cascade CompanyCourt of Appeals for the Second Circuit · 1997
- In re Morton-Norwich Products, Inc.Court of Customs and Patent Appeals · 1982
- Duraco Products, Inc. v. Joy Plastic Enterprises, Ltd., D/B/A Backyard Products Travis Products, IncCourt of Appeals for the Third Circuit · 1994
8 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Cooper Industries, Inc. v. Leatherman Tool Group, Inc.Supreme Court of the United States · 2001
- Clicks Billiards Inc., a Texas Corporation v. Sixshooters Inc., an Arizona Corporation Ronald R. Forbes, a Married Man Jane Doe Forbes, WifeCourt of Appeals for the Ninth Circuit · 2001
- CTB, Inc. v. Hog Slat, Inc.Court of Appeals for the Fourth Circuit · 2020
- Tie Tech, Inc. v. Kinedyne Corporation, a New Jersey CorporationCourt of Appeals for the Ninth Circuit · 2002
- Groeneveld Transport Efficiency, Inc. v. Lubecore International, Inc.Court of Appeals for the Sixth Circuit · 2013
45 more not listed; retrieve them via the Exa API.