Ad Ruling for Sleep Apnea Machine Filter OK’d by Federal Circuit

Sunset Healthcare Solutions Inc. failed to meet a high bar to invalidate SoClean Inc.'s registered CPAP machine air filter trade dress, the Federal Circuit said as it upheld an advertising injunction against Sunset.

A lower court rightly granted a preliminary injunction requiring “Sunset to clearly associate its online marketing and sales . . . with the Sunset brand,” the panel wrote in a precedential decision Wednesday.

Sunset’s evidence failed to overcome the presumption of validity owed to a registered mark as it argued that the trade dress—appearance of the product—was functional and that consumers didn’t recognize it as an indicator ...