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Herman Miller Announces "Trade Dress" Protection for Noguchi and Eames Designs
May 17, 2003   [E-mail Page]  [Print Page]
 


Herman Miller now has the authority of the U.S. Patent and Trademark Office (USPTO) in its battle against knock-offs of two of its most notable designs, the Noguchi Coffee Table and the Eames Lounge Chair and Ottoman.

The USPTO "trade dress" protection provides a powerful defense against the unauthorized manufacture, distribution or use of the designs' likenesses. It prohibits infringement by any unauthorized parties, treating the designs themselves as functioning and protected trademarks.

The announcement of the trade press protections coincides with the launch of Herman Miller for the Home's "Get Real" campaign, the centerpiece of the company's presence at the International Contemporary Furniture Fair, in New York City, May 17-20, 2003.

The complete news release follows.

Herman Miller, Inc., Announces Granting of United States "Trade Dress" Protection for Original Designs by Noguchi and Eames

U.S. Patent and Trademark Office awards important legal distinction to the Noguchi Coffee Table and Eames Lounge Chair and Ottoman


Zeeland, MI--Herman Miller, Inc., historic collaborator with great designers of the modern era and the original manufacturer and distributor of celebrated examples of modern furniture, now has the authority of the U.S. Patent and Trademark Office (USPTO) in support of the company's battle against knock-offs of two of its most notable designs.

The USPTO granted "trade dress" protection for the Noguchi Coffee Table to the Isamu Noguchi Foundation in November 2002, and in March 2003 Herman Miller received confirmation that the Eames Lounge Chair and Ottoman will be awarded the same powerful defense against unauthorized manufacture, distribution or use of the design's likeness.

Trade dress is a form of intellectual property protection and a subset of trademark law. "Trade dress," as affirmed by the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., in an earlier landmark furniture ruling in favor of Weatherend Estate Furniture (1995), "involves the total image of a product and may include features such as size, shape, color or color combinations, texture, graphics or even particular sales techniques." Trade dress effectively prohibits infringement by any unauthorized parties, treating the designs themselves as a functioning and protected trademark.

To receive this legal recognition, the design must be shown to have achieved "secondary meaning," having acquired an association and recognizable distinctiveness that is synonymous with its originator. Once proven, the USPTO trade dress registration then serves as dual protection, shielding the potential buyer of the design from being misled as to the source and quality of an unauthorized knock-off, while protecting the exclusive trademark of the original source.

"We're seeing case after case in which the designers and producers of original products, who have followed the prescribed intellectual property law registration procedures, are winning substantial settlements, judgments, and legal protections" noted Henry Gowin, Secretary of the Foundation for Design Integrity, a group of leading furniture designers, manufacturers and distributors that are dedicated to promoting the protection of original design. "The days when nothing could be done about knock-offs are over. The public is becoming increasingly aware of intellectual property protection (patents, trademarks, trade dress and copyrights) and the importance of supporting original design, while the knock-off producers are learning the consequences of infringement."

The announcement of these trade dress awards for Noguchi and Eames designs coincides with Herman Miller for the Home's launch of "Get Real," a significant awareness and education campaign that will be the centerpiece of the company's presence at the International Contemporary Furniture Fair, held May 17-20, 2003, at New York City's Javits Convention Center.

Imitation has been called the sincerest form of flattery, but in the domain of design it is deceptive to consumers and specifiers, damaging to the designers, manufacturers and distributors of original designs, and inhibits future investments in innovation. Herman Miller is committed to protect the value and integrity of its intellectual property, including these and other iconic designs.

Herman Miller is a member of the Foundation for Design Integrity (FDI), a group of leading furniture designers, manufacturers and distributors dedicated to promoting industry awareness to protect original design. More information regarding FDI can be found at www.ffdi.org.

Herman Miller creates great places to work and live by researching, designing, manufacturing, and distributing innovative interior furnishings that support companies, organizations, and individuals all over the world. The company's award-winning designs, complemented by furniture management and strategic consulting services, generated over $1.46 billion in revenue during fiscal 2002. Again in 2003 Herman Miller was named among "America's Most Admired" companies by Fortune magazine and included in Business Ethics magazine's "100 Best Corporate Citizens." The company trades on the NASDAQ stock market under the symbol MLHR. For additional information about the company, visit www.hermanmiller.com.

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Related Information

Products:
 Eames Lounge Chair and Ottoman

Designers:
 Charles and Ray Eames
 Isamu Noguchi

 

 

 

 

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