Wenger Corp. Successful in Trade Dress Protection Lawsuit

OWATONNA, Minn.--(BUSINESS WIRE)--Wenger Corporation today announced the successful resolution of a trade dress infringement lawsuit against two companies accused of infringing on Wenger’s trade dress rights in its Student Posture Chair design.

The defendant companies named in the lawsuit were The Stadium Chair Company, L.L.C., Midland, Texas, and DeShazo Enterprises, Abilene, Texas. (DeShazo Enterprises was the exclusive distributor for The Stadium Chair Company’s infringing chairs.) The suit went to trial on Aug. 30 in United States District Court for the Western District of Texas. During the trial, the defendants agreed to a consent judgment admitting infringement and a permanent injunction prohibiting any further sale of its infringing chairs.

According to the court judgment, Wenger’s trade dress in its Student Chair is nonfunctional and has acquired secondary meaning that is protected under the law. The judgment also held that a likelihood of confusion existed between the Wenger Student Chair and the defendants’ music chairs. As part of the resolution of the lawsuit, the defendants agreed to change the design of their music chairs so that they no longer infringe on Wenger’s trade dress rights.

“We are pleased with the judgment and the entry of the permanent injunction,” says William Beer, President and CEO of Wenger Corporation. “Wenger vigorously protects its trade dress rights and is satisfied that the defendants conceded and finally acknowledged those rights. Our late founder, Harry Wenger, exemplified free enterprise and ingenuity when starting our company sixty years ago. He always followed the golden rule with customers, suppliers and competitors.” Adds Beer, “His strong ethical principles have as much to do with our company’s success and longevity as our history of developing innovative, high-quality products.”

Wenger also has similar lawsuits pending against National Public Seating Corporation and Melhart Music Center regarding those companies’ sales of music chairs that Wenger believes infringe on its Student Posture Chair trade dress.

Because proper posture and a polished presentation are the foundations of good music rehearsal and performance, Wenger Corporation introduced its unique Posture Chair design in 1978, to comfortably support and encourage correct posture, and bring a uniform, attractive appearance to the music chair. The Wenger Posture Chairs are engineered to minimize fatigue and stand up to years of heavy use. In particular, the look and quality of the Student Posture Chair and the entire Wenger Posture Chair line are what music educators across North America have come to consider as the ‘industry standard’ for their programs for almost 30 years.

Wenger Corporation, founded in 1946, provides innovative, high-quality products and services for customers across a wide variety of markets: elementary, secondary and higher education; performing arts centers; theatres; places of worship; parks and recreation; rental; and athletics. Along with superior customer service, Wenger delivers outstanding long-term value with a beautiful blend of form and function. The company website is www.wengercorp.com.

In addition to its headquarters in Owatonna, Minn., Wenger has facilities in Canada, Europe and China, along with international distributors.