Faucet Lawsuit Settled in Favor Of Kohler Co.

by WOHe

Faucet Lawsuit Settled in Favor Of Kohler
Co.

Kohler, WI A U.S. Federal Court in Boston has upheld the
contention of Kohler Co. that the design of its “Falling Water”
wall-mounted lavatory faucet is “unique, distinctive and
aesthetically appealing,” and that the company has the right to
sell the faucet in the competitive market, Kohler announced.

The Kohler, WI-based kitchen and bathroom product manufacturer said
last month that the ruling resulted from a trademark infringement
lawsuit filed against Kohler by I.P. Lund Trading ApS and Kroin
Inc.

Lund, a Danish corporation, manufactures the “Vola” faucet, which
is similar in function to Kohler’s “Falling Water” product. The
Cambridge, MA-based Kroin is the exclusive U.S. distributor of the
Lund faucet.

According to Kohler, the case represented the first time in the
company’s 127-year history that it faced a trademark infringement
lawsuit for allegedly copying a competitor’s product
design, 

The company said that, at the time the lawsuit was filed, the court
had filed a preliminary injunction barring it from marketing the
“Falling Water” faucet pending the outcome of the case. The company
said it then appealed the ruling to a higher court, which ruled
that the preliminary injunction had been improperly granted. While
waiting for the court to lift the injunction, Kohler made
modifications to the faucet, the company noted.

In granting Kohler’s summary judgment motion, the court ruled that
the design of the Vola faucet “was not so distinctive that it
deserved trademark protection, and that Lund/Kroin did not present
enough evidence to warrant a jury trial,” Kohler said.

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