Bodum Usa, Inc. v. A Top New Casting Inc.

927 F.3d 486 (7th Cir. 2019)

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Nature of the Case

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Facts

P has been selling French press coffeemakers since the 1970s. P began distributing the Chambord, its flagship French press, in 1983. The design originated in France in the 1930s and is based on the towers of the Chambord Chateau, a castle in France's Loire Valley. Its features include a metal cage with a band around the top of the carafe, metal pillars ending in four curved feet, a C-shaped handle, and a domed lid topped with a spherical knob. The design has been recognized as classic and P actively polices whatever it believes to be an infringement of this design. In 2014, D began selling a competing French press coffeemaker called the SterlingPro. The SterlingPro is similar in appearance to the Chambord. P sued D bringing claims for trade dress infringement. P claims that D adopted the overall appearance of the Chambord for its SterlingPro product, infringing on its unregistered trade dress in the design. D moved for summary judgment but the district court denied these motions. The jury returned a verdict in P's favor, finding that D willfully infringed on P's trade dress and awarding P $2 million in damages. D moved for judgment as a matter of law and for a new trial under Rule 59. D claimed that P had failed to prove its trade dress elements were nonfunctional and that the district court erred in excluding evidence under Rule 403 of utility patents that, it said, disclosed the Chambord's trade dress features. The district court denied both motions. P's motion for enhanced damages was granted. D eventually appealed.