AllenDyer Files Declaratory Suit of Trade Dress Non-Infringement in Fort Pierce Federal Court


Posted May 11, 2018 by allendyer

This is not only for Silver Streak, so others can understand that building a streamlined camping trailer from aircraft aluminum or even standard 3003 aluminum is a reasonable and effective methods for giving the world an extraordinary item.

 
The Miami Office of Allen Dyer Doppelt + Gilchrist, P.A. announced today that it has filed a three-count declaratory action under the federal Lanham Act in the Fort Pierce division of the United States District Court for the Southern District of Florida on behalf of Stuart, Florida based travel trailer manufacturer, Silver Streak Trailer Company, LLC (“Silver Streak”). The lawsuit, now before the Hon. Robin L. Rosenberg, a U.S. District Court judge, is in response to a March 8, 2018, cease and desist letter sent by Elkhart, Indiana based Thor Industries (NYSE:THO) (“Thor”). That demand letter asserted that Thor owned United States Trademark Registration No. 3,534,143 regarding an older version of the Airstream travel trailer design, and that the registration provided Thor exclusive “Trade Dress” regarding its “iconic silver travel trailer.” In short, Thor, through its General Counsel, demanded that Silver Streak immediately stop making, marketing, and selling any form of aluminum-colored travel trailers, asserting that Thor’s trademark registration provided exclusive rights for any silver, aerodynamic travel trailer.

Upon investigation of Trademark Registration No.3,534,143, Silver Streak recognized that the design was for an older design of Thor’s Airstream aluminum travel trailer that the registration had long been abandoned – “We looked at the design attached to Thor’s demand letter, and realized it was for a single window design, which Airstream stopped using years ago” noted Silver Streak’s founder and owner, Elina Dillon. Mrs. Dillon further added, “We could not believe that Thor suggested it had the right to exclude any design of any curve-shaped aluminum trailers, especially since there have been numerous designs of such trailers in the market since the mid-1940s.”

In fact, Silver Streak asserts in its detailed 29-page complaint that it purchased certain permissions from the prior manufacturer, Silver Streak Trailer Co., a Southern California business that had been making that design since the close of World War II. “The design is based upon the vintage 1949 Silver Streak Clipper design, which features several curved, transverse ribs that – along with a pronounced, vertical rib – give our trailer a very different look,” noted Silver Streak’s Philip Dillon. Mr. Dillon added, “Airstream doesn’t use the Silver Streak vertical ribs.”

These glaring design differences were not the only reason for Silver Streak to file suit in federal court. In Thor’s prosecuting the underlying application before the United States Patent & Trademark Office (USPTO) that became Registration No. 3,534,143, the government agency noted its concern how “[t]he color silver is a natural byproduct of goods manufactured from aluminum . . . appropriation of this color by [Thor] would place other trailer manufacturers who utilize aluminum at a competitive disadvantage.” In response, Thor’s lawyers assured the USPTO how Thor was “not trying to register the color silver for travel trailers,” thereby prompting the government to allow the registration. “It is sad and unfortunate that Thor made specific representations to the USPTO to secure its registration, but is now doing the very thing it promised it would not do:suggest that it has a monopoly for any silver-colored,” noted Miami Trademark Attorney Robert H. Thornburg, Silver Streak’s lead counsel. Thornburg went further, “This overreach necessitated Silver Streak’s bringing suit to protect its rights in the 60+ year old design that Silver Streak received permission to use from the predecessor company.”

Silver Streak’s complaint makes three, alternative arguments, including (1) that Thor’s trademark registration is void based upon abandonment of the underlying design, (2) that portions of the registration are based upon functional characteristics, and (3) that the designs are not confusingly similar. As Thornburg noted, “what Thor is trying to do is manufacture a perpetual patent-like remedy, through its trade dress registration – such is not the law.”

Silver Streak owner Ms. Dillion further remarked: “This isn’t just for Silver Streak, this is hopefully going to clear the way so that others can understand that building a streamlined camping trailer from aircraft aluminum- or even standard 3003 aluminum- is a viable and efficient means of providing the world with a great product that will outlast typical RV construction, which has a life expectancy that is a fraction of what an aircraft is, thus giving the consumer a value that he or she can enjoy for decades.”

Allen, Dyer, Doppelt, + Gilchrist, P.A.
-- END ---
Share Facebook Twitter
Print Friendly and PDF DisclaimerReport Abuse
Contact Email [email protected]
Issued By Robert H. Thornburg, Esq.
Website Allen, Dyer, Doppelt + Gilchrist, PA
Phone (305) 374-8303
Business Address 1221 Brickell Avenue Suite 2400 Miami, FL 33131
Country United States
Categories Law , Legal , News
Tags allendyer , intellectual property law , lawyer , registered patent attorney , trademark registration lawyer
Last Updated June 25, 2018