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Herman Miller V. Office Star Trade Dress Lawsuit

A federal jury in California awarded Herman Miller $8.4 million after finding that Office Star's chair line copied the overall look, or trade dress, of Herman Miller's well known Eames office chairs. The verdict shows how much a company's product design can be worth, and how seriously courts treat trade dress infringement between competitors selling similar goods.

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In Herman Miller v. Office Star Trade Dress lawsuit, a federal jury in California awarded Herman Miller Inc. $8.4 million after finding that Office Star had copied the distinctive design of Herman Miller's furniture. The case is a reminder that a product's look, not just its function, can be legally protected trade dress. Here is what happened and what it means for businesses protecting product design.

On Tuesday, October 11, a federal jury in California awarded Herman Miller Inc. $8.4 million in a trade dress lawsuit against Office Star. Office Star was accused of using Herman Miller’s overall look of its Eames office chair line in the trade dress suit.

Herman Miller is best known for its office furniture, specifically its office chairs. In addition, it also manufactures other office furniture and offers “solutions” for their customers. Herman Miller focuses on making the workplace a better environment through products and layouts for offices, healthcare settings, and homes. One particular line of chairs, the Eames office chair, is sold for between $1,500 and $3,319, according to the Herman Miller website.

In contrast, Office Star is a furniture company that does not advertise itself as offering any kinds of “solutions” besides their product itself. Office Star has a line of “Executive Chairs,” which do appear, at first glance, to be similar to the chairs sold by Herman Miller. However, Office Star’s most expensive chair is sold for $460, less than a third of Herman Miller’s cheapest offering in their similar line.

Why Did HERMAN MILLER Sue Office STAR?

This suit arose because when Herman Miller alleged that Office Star had ripped off their “overall look” and infringed their trade dress.

Trade dress is defined as the “overall commercial image (look and feel) of a product that indicates or identifies the source of the product and distinguishes it from those of others,”. Including design, product labeling/packaging, and the environment where the services are provided.

Herman Miller felt that Office Star, by offering a very similar product, was infringing and capitalizing upon the well-known and respected image Herman Miller has built for over 50 years. By offering what a typical consumer may believe to be a similar product for up to 15% of the cost (in some cases), Office Star was able to use some of this goodwill to sell their own product.

In this case, the jury sided with Herman Miller after a nine-day trial. The jury’s decision shows the importance that trade dress can play in the everyday life of a consumer. The effect of something as simple as the design of an office chair on a company’s reputation

-Samuel J. Gee, on behalf of the Trademark Law Firm

SOURCES

Herman Miller Home Page

Herman Miller Catalog

Office Chairs Executive Chairs

Trademark Basics Fact Sheets on Trade-Dress

Jury Awards Herman Miller $8.4M In Chair Trade Dress Trial

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Common questions

Frequently asked

What is trade dress, and how is it different from a trademark?
Trade dress protects the overall look and feel of a product, such as its shape, color scheme, or design, when that appearance identifies who made it. A trademark usually protects a name, logo, or slogan instead. Both fall under trademark law, and both can be enforced in federal court against a competitor that copies your product's identity.
Why did the jury side with Herman Miller in this case?
The jury found that Office Star's Executive Chairs mimicked the well known overall look of Herman Miller's Eames office chair line closely enough that customers could confuse the source of the product. Herman Miller argued that Office Star traded on decades of goodwill by selling a similar looking chair for a fraction of the price.
Can a small business protect its product design the way Herman Miller did?
Yes. Any business whose product has a distinctive, recognizable look can pursue trade dress protection, not just large furniture makers. Building a record of your product's unique design elements early, and acting quickly when a competitor copies that look, both make a trade dress claim stronger if you ever need to enforce it in court.