Riflescope Makers Debate Trade Dress Functionality In 6th Circuit

Mealey's (June 16, 2017, 10:20 AM EDT) -- CINCINNATI — Competitors in the riflescope industry have filed briefs in the Sixth Circuit U.S. Court of Appeals, arguing whether the trade dress on the knurling of the plaintiff’s scopes are ornamental, which would permit the plaintiff to pursue infringement claims against the defendants, or functional and nonprotectable, as a trial court found (Leapers Inc. v. SMTS LLC, et al., No. 17-1007, 6th Cir.)....