By Blake Brittain | Reuters
Aug 25 (Reuters) – Appliance giant Whirlpool (WHR.N) convinced the 5th U.S. Circuit Court of Appeals on Friday to uphold a trademark win that blocked two Chinese companies from selling alleged knockoffs of its famous KitchenAid stand mixer.
The court affirmed that the design of Whirlpool’s “iconic” mixer was entitled to trademark protection and that a Texas court’s decision to bar sales of Shenzhen Sanlida and Shenzhen Avoga’s similar-looking mixers was justified.
Representatives for both sides did not immediately respond to requests for comment on the ruling.
“For decades, the KitchenAid stand mixer, with its signature bullet-shaped head, sloped neck, and sleek design, has been a staple on wedding registries and the crown jewel in a home cook’s kitchen,” the court said.
Whirlpool owns trademark rights in the styling of its KitchenAid mixer, which the company said has become distinctive enough to identify it as a Whirlpool product.
“Interestingly, Kitchenaid has been manufactured since the 1930’s and its design has withstood time. There was a similar claim a little over a decade ago, though in a different jurisdiction, and the court came to a different conclusion. It’s common to think trademarks only apply to words or logos, but non-functional design can also be protected against unfair use and confusion to consumers in the marketplace.” -Trista Snyder, business and corporate transactions attorney at Rose Law Group
