OgoSport, LLC v. Maranda Enterprises, LLC

Even if a plaintiff established a protectable trade dress and a likelihood of confusion, it cannot prevail if defendant shows that trade dress is merely functional.

Opinion (Clevert): OgoSport, LLC (“OgoSport”), a developer, manufacturer and distributor of toys and sports related equipment, brought an action against Maranda Enterprise, LLC (“Maranda”), alleging trade dress infringement, specifically in regards to their “OgoDisk” product. Initially, Ogosport filed a patent application for a sport activity design. This application was rejected because the claims were found to be already in the public domain. OgoSport then filed an application for trade dress protection of the OgoDisk, which was also refused. The USPTO found the mark’s design to be too and not inherently distinctive, making reference to “many other multi-colored disc shaped toys” on the market. Additionally, the previous patent application provided strong evidence that the features claimed therein were functional. The Court held that the OgoDisk was functional in light of third-party patents that were referenced as prior art. Even though OgoSport established a likelihood of confusion, it could not prevail since Maranda demonstrated that the trade dress was functional. Summary judgment for defendant Maranda was GRANTED.