Recently, the Suzhou courts released the “2025 Typical Cases on Judicial Protection of Intellectual Property Rights.” The case concerning the unfair competition dispute over the shape and trade dress of the “Tripp Trapp” growing chair handled by Lusheng Law Firm on behalf of Stokke was honorably selected.
Brief Introduction of the Case
Stokke’s Tripp Trapp growing chair, due to its unique design, was selected by Fortune magazine as one of the “100 Great Modern Designs.” Its structure was the subject of a U.S. patent application in 1975, and the protection period has now expired. However, Stokke discovered that a certain children’s home products company was selling growing chairs in its online store whose shape and configuration were highly similar to those of the Tripp Trapp growing chair, amounting to a one-to-one copying of all details. Stokke therefore engaged Lusheng Law Firm to represent it in this case and initiated litigation. The Lusheng team conducted in-depth arguments around core issues such as the boundaries of application of the Anti-Unfair Competition Law after patent expiry, and the demarcation between functionality and distinctiveness of shape trade dress. Ultimately, the court fully adopted the submissions of the Lusheng team, holding that the shape and configuration trade dress formed by the overall appearance of the growing chair at issue, characterized by unique lines and a minimalist shape, should be protected under the Anti-Unfair Competition Law. The court found that the growing chairs sold by the defendant constituted unfair competition, and ordered the defendant to cease the infringement, compensate for losses in the amount of RMB 1.5 million, and eliminate the adverse impact. The defendant appealed against the first-instance judgment, and the appeal was dismissed in the second instance, with the original judgment being upheld.
Typical Significance
I. Bridging the institutional gap between patent law and the Anti-Unfair Competition Law, and establishing rules for the protection of shape trade dress
This case is a typical one concerning the application of the Anti-Unfair Competition Law to protect product shapes that combine functionality and aesthetic appeal. Starting from the institutional logic of unfair competition, and through a thorough exposition of the connotation and extension of “trade dress,” the case clarifies that the trade dress of goods protected by the Anti-Unfair Competition Law includes “shape and structural trade dress.” From the perspective of the relationship between competition law and intellectual property law, it clarifies that the fact that a shape and configuration has been the subject of a patent application is not a necessary condition for denying that the appearance of a product may be protected under the Anti-Unfair Competition Law. This judgment clarifies the relationship between the application of the Patent Law and the Anti-Unfair Competition Law, and provides a clear adjudicative path for the protection of product shapes that combine functionality and aesthetic appeal.
II. Separating the design layers of functionality and aesthetics, and precisely defining the boundaries of protection
The Lusheng team adduced evidence to prove that although the claims of the Tripp Trapp growing chair patent included components such as uprights, seat boards, footrests, and fastening devices, they did not define the specific shapes, dimensions, curves, or angles formed by the combination of these components, whereas these specific shapes, dimensions, curves, or angles are precisely the key elements of the trade dress design that the plaintiff seeks to protect in this case, and they differ to some extent from the technical solution asserted at the time of the patent application. This case distinguishes between the utilitarian functional design and the design with aesthetic significance and distinctiveness in the shape of the growing chair, thereby clarifying the scope of protection for product shapes that combine functionality and aesthetic appeal. It both protects the right of industry competitors to freely use designs in the public domain and protects the right holder’s unique contribution to the configuration of its product and the goodwill embodied in the product shape.
