Carter v. Engineered Products Co.
Docket: No. 00-15735, 00-15736; D.C. No. CV-96-00833-SMM
Court: Court of Appeals for the Ninth Circuit; October 4, 2001; Federal Appellate Court
Carter Electric Corporation and E. Ray Carter developed the Rocket Perma-Post, a patented polyvinyl chloride lighting support, in the late 1980s. Engineered Products Co. (EPCO) began producing a similar product without using the patented metal bushing but closely imitated other aspects. EPCO marketed its posts under its own name and for others without compensating Carter for licensing. On April 4, 1996, Carter sued EPCO for trade dress infringement under the Lanham Act. The district court initially denied EPCO's summary judgment motion and Carter's request for a jury trial, but later allowed a jury trial after a mandamus petition from Carter. The jury found EPCO liable for trade dress infringement and awarded Carter $207,797 in damages. EPCO subsequently sought a renewed judgment as a matter of law, while Carter sought to amend the judgment; both motions were denied. Carter appealed, and EPCO cross-appealed. The appellate court found that the district court erred in denying EPCO's motion for judgment, determining that Carter did not prove the Perma-Post design was nonfunctional, thereby negating liability for trade dress infringement. The appellate court reversed the district court's judgment, and the case's other issues were deemed unnecessary to address. The ruling is not for publication and is subject to specific citation restrictions under Ninth Circuit Rule 36-3.