Pocket Plus, LLC v. Pike Brands, LLC, No. 22-1396 (8th Cir. 2022)
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Pocket Plus, LLC, sued Pike Brands, LLC (“Running Buddy”) for trade-dress infringement of Pocket Plus’s portable pouch. The district court granted summary judgment to Running Buddy and awarded it a portion of its requested attorney fees. Pocket Plus appealed the summary judgment, and both parties appeal the attorney fees award.
The Eighth Circuit affirmed. The court wrote there is no genuine dispute that Pocket Plus’s trade dress is functional and thus not protected by trademark law. To grant trade-dress protection for Pocket Plus would be to hand it a monopoly over the “best” portable-pouch design. Trademark law precludes that. Further, Running Buddy argued that the district court abused its discretion in awarding only a portion of the requested fees. The court found no abuse of discretion in finding that this was an exceptional case. It considered the appropriate law, reviewed the litigation history, held a hearing, and explained its decision.
Court Description: [Gruender, Author, with Melloy and Erickson, Circuit Judges] Civil case - Lanham Act. The district court did not err in granting defendant's motion for summary judgment as plaintiff's trade dress for its runner's pouch is functional and therefore not protectible by trademark law; the district court did not err in finding this was an exceptional case for the purposes of awarding defendant attorneys' fees; the district court did not abuse its discretion by reducing the amount of attorneys' fees defendant requested.
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