The ongoing appeal in CeramTec v. CoorsTek Bioceramics discusses the tension between utility patents and the protection of trade dress, focusing specifically on the contested trademark of pink color in hip implants.
CeramTec argues that their trademark registrations for the color pink should remain valid despite the expiration of their utility patent, citing evidence of non-functionality backed by recent material science test findings.
The Board's decision to cancel CeramTec's registrations reflects Supreme Court precedent on functionality, suggesting a cautious approach to color as a trademark when utility patents expire.
The potential quick affirmance of the case without an opinion may signal a straightforward resolution, but an expected opinion could provide deeper insights into the legal principles at stake.
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