Leapers, Inc v. SMTS, LLC

Leapers, Inc. (plaintiff), a producer of adjustable rifle scopes, applied knurling to some of its products as a form of grip assistance. Leapers claimed that its knurling pattern qualified as trade dress because it served a purely aesthetic or decorative rather than a functional or utilitarian role as a source identifier. Moreover, Leapers insisted that its knurling pattern arose out of aesthetic intent rather than functional concerns and that many of its competitors used knurling patterns that provided greater functionality, and therefore market competitiveness, than that used by Leapers. Photos of alternative market-competitive knurling patterns presented by Leapers provided further support for Leapers’ argument that its knurling pattern was not functional or even the best possible design. Leapers brought suit against SMTS, LLC (defendant), alleging that SMTS infringed Leapers’ knurling pattern. SMTS moved for summary judgment on the grounds that Leapers could not demonstrate the knurling pattern’s non-functionality and secondary meaning, i.e., that the design served to create an association of the product with the manufacturer among consumers. Thus, SMTS averred that Leapers’ knurling pattern was aesthetically functional, meaning the aesthetic feature in question proves essential to manufacturers of the general type of product because it influences cost or quality. The district court granted SMTS’s motion for summary judgment, and Leapers appealed.