Plaintiff acquired Federal Registration after Demonstrating Secondary Meaning at USPTO

A New York-based design studio has filed a Federal lawsuit asserting infringement of one of its “most prominent and coveted products”; namely, a frosted glass orb chandelier. According to the complaint filed August 8, 2023, Apparatus debuted the “Cloud Fixture” chandelier in 2012, featuring “a pendulous arrangement of a number of glass orbs frosted by hand to create an irregular texture reminiscent of 19th Century décor.” The glass orbs surround a central light source, “resulting in a warm, diffuse glow creating the overall effect of a hanging cloud.” 

In 2017 Apparatus acquired a Federal Trademark Registration after demonstrating to the USPTO that the design had acquired secondary meaning as a result of its “substantial sales success and unsolicited critical acclaim.” The single drawing from Reg. No. 5,283,386 is shown below:

Design drawing for chandelier cloud configuration
          US Trademark Reg. 5,283,386

Apparatus asserts in its lawsuit that Defendant Wayfair LLC infringes upon Apparatus’ rights by selling infringing copies. The Complaint includes pictures of the accused products:

Alleged infringing copiesAlleged infringing copy - the "Contemporary Fixture"


Wayfair has not yet responded to the Complaint. Apparatus LLC v Wayfair LLC, Civil Action 1:23-cv-6991 (S.D.N.Y.)