Tie Tech, Inc. v. Kinedyne Corporation, a New Jersey Corporation

This case concerns the validity of a product configuration trademark for the SAFECUT ® “web-cutter” device. The issue presented is whether summary judgment was appropriate on grounds that the design is functional and therefore not pro-tectible as a trademark. Underlying this question is the evidentiary role of a trademark registration in such a proceeding. We affirm the district court’s grant of summary judgment against the trademark holder because the product design is not fanciful, but instead wholly functional, and consequently cannot have trademark significance.

Background

Tie Tech makes and markets “wheelchair securement systems” for private and public vehicles. One of its products, the SAFECUT “web-'cutter,” is used in emergencies to facilitate the quick release of individuals from their securement systems. Tie Tech, which designed and marketed this cutter beginning in the 1980’s, de- scribes its product as “a hand-held, well-balanced webbing cutter” that is “made of durable polycarbonate.” An advertising image portrays the SAFECUT device in action: a hand is gripping the device with four fingers fitted through an enclosed oval opening; an elongated prong of…