Trademark ‘Fraud’ Suit Centers on Earmuff Design’s Functionality

A lawsuit accusing an earmuffs seller of using a fraudulent trade dress registration to block competition on Amazon’s marketplace revives scrutiny of a federal agency’s less-than-rigorous past examination of allegedly functional designs.

180s USA LLC registered its behind-the-head earmuff design two decades ago as trade dress—which protects the look and feel of a product or packaging that indicates a seller. But METOG Apparel’s Jan. 26 lawsuit said 180s deceived the US Patent and Trademark Office by failing to disclose an existing patent that incorporated the same design.

Trade dress, like all trademarks, indicates the source of a product and can’t ...