CeramTec Reverses Pink Hip Implant Trade Dress Loss

CeramTec won a reversal of a district court ruling that canceled its trade dress registrations in the color pink for hip implants.

The U.S. District Court for the District of Colorado wrongly exercised personal jurisdiction over CeramTec, the U.S. Court of Appeals for the Tenth Circuit said Sept. 11.

The district court ruled in favor of C5 Medical Werks LLC in 2017 in its lawsuit to cancel CeramTec’s trademark registrations. Trade dress can’t be based on functional features, and the color pink in CeramTec’s hip implants was functional because it resulted from a process that affects the implants’ quality, the ...