Lund, which manufactures bathroom and kitchen fixtures and accessories including the Vola faucet, and Kroin, said in the suit that Kohler had copied the product design of the Vola faucet for its Falling Water wall-mounted lavatory faucet.
Federal Judge Nancy Gertner granted Kohler's motion for summary judgment regarding the trademark infringement in October, said Peter Fetterer, manager/civic services at Kohler Co. "She concluded as a matter of law we were correct and no trial was necessary," he said.
Two claims awaiting rulings are Lund/Kroin's charge that Kohler engaged in predatory business practices and Kohler's counter-claim against Lund and Kroin, said David Gibbs, an attorney with Nixon, Peabody representing Lund and Kroin. "We are also asking the judge to reconsider the summary judgment regarding trademark infringement," he said.
This was the first time in its 127-year history that Kohler faced a trademark infringement lawsuit regarding product design, the company said.
Kohler designed the Falling Water faucet to complement its Vessels lavatories introduced in 1996.