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LEATHERMAN TOOL GROUP v. COOPER INDUSTRIES

Nos. 98-35147, 98-35415.

285 F.3d 1146 (2002)

LEATHERMAN TOOL GROUP, INC., an Oregon Corporation, Plaintiff-Appellee, v. COOPER INDUSTRIES, INC., an Ohio Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 5, 2002.

Amended May 3, 2002.

Attorney(s) appearing for the Case

William Bradford Reynolds and Bradley J. Schlozman, Howrey Simon Arnold & White, Washington, DC, for the defendant-appellant.

J. Peter Staples and Julianne Ross Davis, Chernoff, Vilhauer, McClung & Stenzel, LLP, Portland, OR, for the plaintiff-appellee.

Before: CANBY, and T.G. NELSON, Circuit Judges, and FOGEL, District Judge.

FOGEL, District Judge.

We held previously that Appellee Leatherman Tool Group, Inc. ("Leatherman") had no protectable trade dress in the configuration of a multipurpose pocket tool where that configuration was wholly functional. We concluded, therefore, that Appellant Cooper Industries, Inc. ("Cooper") was entitled to copy that product closely in producing a competing product. See Leatherman Tool Group v. Cooper Industries, 199 F.3d 1009

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