Trade Dress Infringement On Rifle Scopes

The Plaintiff is into the business of making adjustable rifle scopes and several portions of the products are textured with so-called "knurling," used mainly for providing grip to the products. This design is being used by the Plaintiff on rifle scopes since 2002. Till 2011 the product was being manufactured by a Sporting Goods factory in China. Later, the factory manager started selling similar rifle scopes and also manufacturing it for other sellers of the same product. A case for trade dress infringement was filed. The Plaintiff argued that its design only has an ornamental value and does not add any functionality to the product. The district court in the summary judgement sought by the defendant held that the Plaintiff could not prove the non-functionality requirement of its design.