CoorsTek CeraSurf-p ceramic components for total hip arthroplasty [Image courtesy of CoorsTek]
The EU Trademark Court of Appeals in Paris recently upheld a Paris EU Trademark High Court decision that sided with CoorsTek against CeramTec in a trademark dispute over “pink” ceramic hip components.
The Paris Court of Appeals in its June 2021 ruling upheld the cancelations of the three EU trademarks and the dismissal of CeramTec’s trademark infringement and parasitic competition claims against CoorsTek — confirming the finding that CeramTec filed the trademarks in bad faith. While dismissing CoorTek’s counterclaim against CeramTec, the court also ordered CeramTec to pay CoorTek €50,000 in damages.
“CoorsTek is extremely pleased with the latest decision by the EU Trademark Court of Appeals,” CoorsTek CEO Jonathan Coors said in a July 15 news release. “Competition drives innovation, and patients deserve access to the best possible options for their healthcare. Our ability to manufacture and market our state-of-the-art material will progressively drive future advancements in orthopedic surgery.”
CeramTec originally filed the lawsuit in 2013, claiming that CoorsTek’s development and marketing of CeraSurf-p for orthopedic applications violated CeramTec’s now-invalidated EU trademark registrations for pink colored ceramic hip components.
CeraSurf-p ceramic femoral heads and liners received a CE mark in 2012 and FDA clearance in 2016. CoorsTek has sold more than 40,000 of the femoral heads over the years.