Strategy

Our attorneys extended Wenger’s exclusive right to offer its best in class musician’s chair, on which patent protection had expired. Using a creative combination of both prosecution and litigation strategies, the extended Wenger’s IP protection. Our team established trade dress on the product configuration, then filed suit against the infringing competitor. 

Solution

Midway through the bench trial, the defendants conceded trade dress infringement and consented to a permanent injunction against the infringing product. Two additional trade dress cases involving competitors were successfully resolved. The firm’s success in litigation was then used to bolster arguments before the USPTO, which granted federal trademark registration on the product configuration. The distinctive look of Wenger’s musician’s chair is now protected indefinitely.