NOV. 7 | WENGER | LEGAL
Wenger Maintains Posture in Two Design Suits
Wenger has resolved trade dress infringement lawsuits against three companies in recent months, all accused of infringing the rights to Wenger’s Student Posture Chair design.
In mid-October, the United States District Court for the Western District of Texas found in favor of Wenger against two defendents, The Stadium Chair Co. and DeShazo Enterprises (exsclusive distributor for The Stadium Chair). The defendants agreed to a consent judgment admitting infringement and a permanent injunction prohibiting any further sale of its infringing chairs.
In early November, Wenger won a suit against National Public Seating Corporation, based in Clifton, N.J. Before it answered the complaint, National Public Seating agreed to a consent judgment admitting infringement and agreeing to a permanent injunction prohibiting any further sale of its Melody chairs.
“We are satisfied that yet another defendant has acknowledged our trade dress rights and we’re pleased with the entry of this permanent injunction,” said William Beer, president and CEO of Wenger . “Wenger will continue to actively and vigilantly protect our trade dress rights and all our company’s intellectual property.”
According to both judgments, Wenger’s trade dress in its Student Posture Chair is nonfunctional and has acquired secondary meaning. Wenger debuted the chair’s design in 1978
Wenger has a similar lawsuit pending against Melhart Music Center.