IP Law Daily, TRADEMARK—E.D. Cal.: Dismissal granted in table design trade dress dispute, (Sep 12, 2025)

By Kevin M. Finson, J.D.

Claims relating to the trade dress and marks used by a manufacturer of furniture were dismissed because they failed to allege protectable trade dress or ownership of protectable non-registered marks.

A seller of furniture for the trade show market failed to plausibly allege ownership of trade dress and marks that it claimed were copied by a competitor, the U.S. District Court in Sacramento has held. The complaint lacked allegations that the marks were registered or had acquired distinctiveness and lacked allegations that the asserted trade dress was non-functional or distinctive (Modern Event Furniture v. Sacramento Event Co LLC, No. 2:23-cv-02089-JDP (E.D. Cal. Sept. 11, 2025)).

Modern Event Furniture (MEF) was a wholesale manufacturer of furniture used in the special event and trade show industry. MEF alleged that Sacramento Event Co., LLC (SEC), which was founded by a former customer of MEF, copied MEF’s designs using cheaper, lower-quality furniture from a foreign manufacturer. SEC allegedly sold that furniture under the same names as MEF’s products and used MEF’s product images to market its counterfeit products. MEF brought suit for trade dress infringement, false designation of origin, unfair competition, false advertising, and trademark infringement. SEC moved to dismiss for failure to state a claim.

Trade dress and marks. The court found that the allegations in the complaint regarding trade dress were insufficiently detailed and lacked plausible allegations that the claimed dress was non-functional. The claimed items, such as a “multi-tiered structure” or “wide legs,” included specific allegations that they were functional, such as, that they increased stability. The complaint also failed to allege that the products had acquired secondary meaning in the marketplace.

As to trademarks, the court found that MEF had failed to address issues identified by the court in a prior version of the complaint; specifically, that the complaint lacked allegations the marks were either registered or had acquired distinctiveness.

Finding that the remaining claims of unfair competition and false advertisement hinged on the trade dress and trademark allegations, the court granted the motion to dismiss with leave to amend.

The Case is No. 2:23-cv-02089-JDP.

Judge: Peterson, J.

Attorneys: Joshua Heath Escovedo (Buchalter, A Professional Corp.) for Modern Event Furniture. Kevin M. Welch (Law Office of Kevin M. Welch) for Sacramento Event Co LLC.

Companies: Sacramento Event Co LLC

Cases: Trademark CaliforniaNews