Case Explained: Weems Industries, Inc., doing business as Legacy Manufacturing Company v. Teknor Apex Company

Court: United States Court of Appeals for the Eighth Circuit Filed: 2026-07-30 The eighth-circuit affirmed the district court’s cancellation of Weems Industries’ trademark registration for the color chartreuse on water hoses and its award of over three million dollars in attorneys’ fees to Teknor Apex Company. Regarding the trademark, the court applied the standard that a product feature is functional, and thus ineligible for trademark protection, if it is essential to the use or purpose of the article or affects its cost or quality. The court held that the district court did not clearly err in finding the color chartreuse functional because Weems actively marketed the hoses’ high visibility as a safety benefit, which constitutes strong evidence of functionality under *TrafFix Devices, Inc. v. Mktg. Displays, Inc.* The court rejected Weems’s argument that functionality requires an improvement in the operation of the goods, noting that increased safety affects the quality of the article. Regarding the attorneys’ fees, the court reviewed the district court’s determination for abuse of discretion under 15 U.S.C. § 1117(a), which permits fee awards in “exceptional cases.” The court affirmed that the case was exceptional due to Weems’s lack of candor before the United States Patent and Trademark Office—specifically, concealing marketing materials that highlighted the safety benefits of the color to secure registration—and its unreasonable trial conduct, including frivolous evidentiary objections and false testimony. The court found no abuse of discretion in concluding these circumstances warranted a fee award because Weems’s misconduct allowed it to use the dubious registration as a sword against competitors, necessitating the litigation. The practical consequence is that Weems’s trademark registration for chartreuse on water hoses is canceled, its infringement claims are dismissed, and Teknor is awarded attorneys’ fees. The judgment of the district court is affirmed. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.