Cite as: 532 U. S. 23 (2001)
Opinion of the Court
Kennedy, J., delivered the opinion for a unanimous Court.
John G. Roberts, Jr., argued the cause for petitioner. With him on the briefs were Gregory G. Garre and Jeanne-Marie Marshall.
Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Waxman, Assistant Attorney General Ogden, Jeffrey A. Lamken, Anthony J. Steinmeyer, and Mark S. Davies.
John A. Artz argued the cause for respondent. With him on the brief were John S. Artz, Robert P. Renke, and Lisa A. Sarkisian.*
Justice Kennedy delivered the opinion of the Court.
Temporary road signs with warnings like "Road Work Ahead" or "Left Shoulder Closed" must withstand strong gusts of wind. An inventor named Robert Sarkisian obtained two utility patents for a mechanism built upon two springs (the dual-spring design) to keep these and other outdoor signs upright despite adverse wind conditions. The holder of the now-expired Sarkisian patents, respondent Marketing Displays, Inc. (MDI), established a successful business in the manufacture and sale of sign stands incorporating the patented feature. MDI's stands for road signs were recognizable to buyers and users (it says) because the dual-spring design was visible near the base of the sign.
*Briefs of amici curiae urging reversal were filed for the Holmes Group, Inc., by James W. Dabney; for Panduit Corp. by Roy E. Hofer, Jerome Gilson, Cynthia A. Homan, and Philip A. Jones; and for Malla Pollack, pro se.
Briefs of amici curiae urging affirmance were filed for the American Intellectual Property Association by Louis T. Pirkey; and for Thomas & Betts Corp. by Sidney David and Roy H. Wepner.
Theodore H. Davis, Jr., Marie V. Driscoll, and Helen Hill Minsker filed a brief for the International Trademark Association as amicus curiae.
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