Whirlpool wins appeal in stand

The administrative entrance at the Whirlpool plant in Clyde, Ohio, U.S. October 3, 2017. REUTERS/Aaron Josefczyk/File Photo Acquire Licensing Rights

Aug 25 (Reuters) - Appliance giant Whirlpool (WHR.N) convinced the 5th U.S. Circuit Court of Appeals on Friday to uphold a trademark win that blocked two Chinese companies from selling alleged knockoffs of its famous KitchenAid stand mixer.

The court affirmed that the design of Whirlpool's "iconic" mixer was entitled to trademark protection and that a Texas court's decision to bar sales of Shenzhen Sanlida and Shenzhen Avoga's similar-looking mixers was justified.

Representatives for both sides did not immediately respond to requests for comment on the ruling.

"For decades, the KitchenAid stand mixer, with its signature bullet-shaped head, sloped neck, and sleek design, has been a staple on wedding registries and the crown jewel in a home cook’s kitchen," the court said.

Whirlpool owns trademark rights in the styling of its KitchenAid mixer, which the company said has become distinctive enough to identify it as a Whirlpool product.

The company sued Sanlida and Avoga in Texas federal court last year, accusing their "Cooklee" and "Phisinic" stand mixers of violating its rights.

The U.S. District Court for the Eastern District of Texas granted Whirlpool's preliminary request to block sales of Sanlida and Avoga's mixers later that year, finding their designs were likely to confuse consumers.

The 5th Circuit upheld the decision, rejecting the Chinese companies' argument that Whirlpool's design could not receive trademark protection because it is functional.

"Here, nothing in the record demonstrates that the exterior styling of the mixer is the reason the device works," a unanimous three-judge panel said.

The appeals court also rejected Sanlida and Avoga's arguments that their mixers were unlikely to cause confusion and that the Texas court lacked jurisdiction over them.

The case is Whirlpool Corp v. Shenzhen Sanlida Electrical Technology Co, 5th U.S. Circuit Court of Appeals, No. 22-40376.

For Whirlpool: Marc Lorelli of Brooks Kushman

For Sanlida and Avoga: Tianyu Ju of Glacier Law

Reporting by Blake Brittain in Washington; editing by Leigh Jones

Our Standards: The Thomson Reuters Trust Principles.

Thomson Reuters

Blake Brittain reports on intellectual property law, including patents, trademarks, copyrights and trade secrets, for Reuters Legal. He has previously written for Bloomberg Law and Thomson Reuters Practical Law and practiced as an attorney. Contact: 12029385713