CoorsTek Bioceramics has secured another legal victory in its longstanding dispute with CeramTec GmbH over trademark rights to the color pink for ceramic hip components. In the latest ruling, the German Federal Patent Court (GFPC) upheld cancellation of CeramTec’s trademark in Germany, finding that the application had been filed in bad faith with the intention to extend an expiring patent monopoly and keep competitors out of the market.
The ruling supports CoorsTek Bioceramics’ efforts to market ceramic components used in hip replacements, including its high-end Permallon® orthopaedic ceramics. This ruling follows favorable outcomes in France and the United States in related disputes over CeramTec’s pink ceramic component trademark claims.
In its detailed decision, the German court concluded that CeramTec had sought to use trademark law to perpetuate exclusivity over a ceramic material composition after patent protection expired. The Court found that the circumstances demonstrated an intention to prevent competitors from entering the market and characterized that objective as “an intention foreign to the functions of the trademark.” CeramTec has appealed the decision.
“Courts across multiple jurisdictions have continued to rule in CoorsTek’s favor, reinforcing our efforts to bring greater competition and choice to the orthopaedic ceramics market,” said Shawn Hallinan, Sr. Vice President, Medical, Energy, Automotive, and Durables. “Orthopaedic device manufacturers deserve access to qualified suppliers and innovative materials. We are grateful to our OEM partners who have continued to secure regulatory clearances for devices incorporating CoorsTek components. Their commitment demonstrates confidence in our technology and helps build a more competitive supply chain to serve surgeons and patients.”
CoorsTek Bioceramics manufactures Permallon® Tru ceramic femoral heads and acetabular liners for total hip replacement applications. The material’s pink coloring results from a chromium oxide additive. Components are manufactured in Grand Junction, Colorado USA.
