Appeal dismissed by stipulation:
Glassybaby’s candle holder (left) and one made by Northern Lights.
The Western District found Glassybaby’s design generic.
Glassybaby LLC, the Seattle maker of upscale candle holders, sued Northern Lights Enterprises Inc. and another defendant for making and selling candle holders that Glassybaby alleged infringed its trade dress (STL post here).
On Sept. 30, the Western District found Glassybaby’s trade dress is generic and dismissed its claims.
Glassybaby appealed the decision to the Ninth Circuit.
Today, the Ninth Circuit ordered a Dec. 15 conference with the parties cancelled. It stated that, “Pursuant to stipulation of the parties, this appeal is voluntarily dismissed.”
Looks like the parties have settled.
Wonder whether we’ll see the defendants (or others) selling Glassybaby look-alikes.
The case cite is Glassybaby LLC v. Northern Lights Enterprises Inc., No. 11-35899 (9th Cir. Nov. 15, 2011).