The US Court of Appeals for the Eighth Circuit affirmed summary
judgment of noninfringement in a trade dress suit, finding that the
trade dress was functional and the attorneys' fee
award—as diminished by the district court—was
appropriate. Pocket Plus, LLC v. Pike Brands, LLC, Case
No. 21-3414 (8th Cir. Nov. 15, 2022) (Gruender,
Melloy, Erickson, JJ.)
Since 2009, Pocket Plus has sold vertically oriented pouches
that attach to waistbands or belts to carry water bottles, cell
phones and other small objects. Pike Brands, d/b/a Running Buddy,
began selling similar pouches in 2012 and introduced a vertical
version in 2015. In 2021, Pocket Plus sent cease and desist letters
to Running Buddy, then sued for trade dress infringement under Iowa
common law and the Lanham Act. Running Buddy moved for summary
judgment, arguing that Pocket Plus's trade dress was
unprotectable. Running Buddy also threatened Rule 11 sanctions
because of the weakness of the case. After winning
