July.27.2021
An Orrick team, collaborating with local counsel from Hughes Hubbard, secured a ruling from the Paris Court of Appeals – acting as an EU trademark court – siding with client CoorsTek in ongoing trademark infringement litigation against competitor CeramTec, which has been trying to block the manufacture and sale of CoorsTek’s pink-colored ceramic hip components.
This latest appeals court ruling confirmed a previous 2018 decision by the Paris High Court. The appeals court agreed that CeramTec filed the trademark claims in bad faith and further ordered CeramTec to pay damages for abuse of trademark law.
In siding with CoorsTek, the Paris Court of Appeals affirmed the lower court’s finding that CeramTec sought to “indefinitely perpetuate the technical effect” of its patent covering its Biolox Delta materials – which expired at the same time CeramTec was filing for its “pink” trademarks – in order to prevent competitors from selling products using the once patented composition. The ruling establishes important precedent for the ongoing dispute between the parties. CeramTec has four months to appeal to the French Supreme Court.
The Orrick team is led by partners Peter Vogl and Diana Rutowski and includes associates Briggs Wright and Lindsay Rindskopf.