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Sulzer Mixpac AG v. A&N Trading Company, et al.

Paid petition · United States Court of Appeals for the Second Circuit, No. 19-2951 · judgment February 18, 2021

Certiorari denied · March 21, 2022
Pre-decision estimate: 8% cert probability (95% interval 5%–12%)

Before the decision, about 2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a circuit split argued in the petition, and down for a business respondent.

Question presented

Whether any degree of utility categorically renders a product feature functional and thus ineligible for federal trademark protection under the Lanham Act, 15 U.S.C. § 1127. (i)

Counsel of record

For petitioner
Lisa S. Blatt
Williams & Connolly LLP

For respondent
Jack A. Gordon
Kent, Beatty & Gordon, LLP

Case

Conference history
Distributed for 2 conferences

Amicus briefs
3 cert-stage

Proceedings

  1. Mar 21 2022
    Petition DENIED.
  2. Feb 23 2022
    DISTRIBUTED for Conference of 3/18/2022.
  3. Feb 22 2022
    Reply of petitioner Sulzer Mixpac AG filed. (Distributed)
    Main DocumentCertificate of Word CountProof of Service
  4. Feb 07 2022
    Brief of respondents A&N Trading Company, et al. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word Count
  5. Jan 06 2022
    Motion to extend the time to file a response from January 7, 2022 to February 7, 2022, submitted to The Clerk.
    Main DocumentProof of Service
  6. Jan 06 2022
    Motion to extend the time to file a response is granted and the time is further extended to and including February 7, 2022.
  7. Dec 03 2021
    Motion to extend the time to file a response is granted and the time is extended to and including January 7, 2022.
  8. Dec 02 2021
    Motion to extend the time to file a response from December 8, 2021 to January 7, 2022, submitted to The Clerk.
    Main DocumentProof of Service
  9. Nov 08 2021
    Response Requested. (Due December 8, 2021)
  10. Nov 02 2021
    DISTRIBUTED for Conference of 11/19/2021.
  11. Oct 21 2021
    Letter of petitioner Sulzer Mixpac AG pertaining to Rule 29.6 filed.
    Main DocumentProof of Service
  12. Oct 18 2021
    Brief amicus curiae of the International Trademark Association filed.
    Main DocumentCertificate of Word CountProof of Service
  13. Oct 18 2021
    Brief amici curiae of Intellectual Property Law Professors filed.
    Main DocumentCertificate of Word CountProof of Service
  14. Oct 18 2021
    Brief amici curiae of International Anticounterfeiting Coalition, et al. filed.
    Main DocumentProof of ServiceProof of Service
  15. Sep 16 2021
    Petition for a writ of certiorari filed. (Response due October 18, 2021)
    PetitionCertificate of Word CountProof of Service