ROYAL OAK, Michigan – Brooks Kushman was trusted with protecting the design of the KitchenAid stand mixer that for decades “has been a staple on wedding registries and the crown jewel in a home cook’s kitchen.” Brooks Kushman secured a preliminary injunction in the trial court, and recently obtained affirmance of that injunction at the Fifth Circuit. After describing the design as “the crown jewel,” the Fifth Circuit explained “[t]his design has been subject of millions of dollars in advertising spending across all media channels, appears prominently in various cooking shows and is used by celebrity chefs, and has received numerous accolades and awards.” The Fifth Circuit affirmed Whirlpool’s rights in this iconic design.
The Fifth Circuit addressed several challenges to the preliminary injunction obtained against two Chinese companies that sell stand mixers. These challenges included assertions related to service requirements, the validity of Whirlpool’s intellectual property rights, and whether there is a likelihood of confusion in the marketplace. In each instance, the Fifth Circuit sided with Whirlpool and the trial court.
Whirlpool is represented by a Brooks Kushman team led by Marc Lorelli. Lorelli is the co-chair of Brooks Kushman’s intellectual property litigation practice. He has successfully tried patent, trademark, trade secret, and copyright cases in Federal Courts nationwide and the International Trade Commission. He also has extensive appellate experience, as well as experience with post-grant proceedings before the U.S. Patent and Trademark Office.
The case is Whirlpool Corp v. Shenzhen Sanlida Electrical Technology Co, Fifth Circuit Court of Appeals, No. 22-40376.
This case is featured in recent articles by Reuters, “Whirlpool Wins Appeal In Stand-Mixer Trademark Lawsuit Against Chinese Manufacturers,” Law360, “Whirlpool Rival Can’t Sell Mixers Amid IP Suit, 5th Circuit Says,” and Bloomberg, “Whirlpool Gets 5th Cir. To Uphold Ban on KitchenAid Lookalikes.”
The Brooks Kushman team representing Whirlpool includes: Marc Lorelli, Rebecca Cantor, and Chelsea Pasquali
About Brooks Kushman P.C.
Founded in 1983, Brooks Kushman P.C. has built a national reputation as a premier intellectual property and technology law firm. We accomplish this with the understanding that the most effective IP solutions come from putting great minds together—our clients and our own. With offices in Michigan, California, Washington D.C., and Nevada, we forge strong relationships with corporations, small to medium-sized businesses, and leading universities across the country.
Brooks Kushman counts a number of Fortune 100 Corporations across a variety of industries among its clients. Our attorneys have a deep understanding and broad range of experience in a variety of industries and technologies, including consumer electronics, manufacturing, medical device, computer technology, aerospace, chemicals, biotechnology, and retail. We are also recognized by leading legal publications and rankings, including, Best Lawyers, Law360, Intellectual Asset Management, Managing Intellectual Property, and World Trademark Review. For more information, please visit www.BrooksKushman.com.