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ARTICLE · 28 JANUARY 2025

Ceramtec GMBH v. Coorstek Biocermanics LLC

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This case examines the application of trademark functionality doctrine in the medical device industry, specifically addressing whether the pink color of ceramic hip components can be protected as a trademark.

United StatesIntellectual Property

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This case examines the application of trademark functionality doctrine in the medical device industry, specifically addressing whether the pink color of ceramic hip components can be protected as a trademark. The case provides important guidance on how courts evaluate functionality claims and the intersection between patent and trademark protection for product features.

Background

Ceramtec manufactures artificial hip components using zirconia-toughened alumina ("ZTA") ceramic material containing chromium oxide (chromia). The chromia gives their products, marketed under the name "Biolox Delta," a distinctive pink color. Prior to seeking trademark protection, Ceramtec held U.S. Patent 5,830,816 covering their ceramic composition, which expired in January 2013.

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