No. 21-3414 ___________________________

Pocket Plus, LLC

Plaintiff - Appellant

v. Pike Brands, LLC, formerly known as Runner’s High, LLC, doing business as Running Buddy

Defendant - Appellee ___________________________

No. 22-1304 ___________________________

Pocket Plus, LLC

Plaintiff - Appellant

v. Pike Brands, LLC, formerly known as Runner’s High, LLC, doing business as Running Buddy

Defendant - Appellee ___________________________

No. 22-1396 ___________________________

Pocket Plus, LLC

Plaintiff - Appellee v.

Pike Brands, LLC, formerly known as Runner’s High, LLC, doing business as Running Buddy

Defendant - Appellant ____________

Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids ____________

Submitted: September 20, 2022 Filed: November 15, 2022 ____________ Before GRUENDER, MELLOY, and ERICKSON, Circuit Judges. ____________ GRUENDER, Circuit Judge.

Pocket Plus, LLC, sued Pike Brands, LLC (“Running Buddy”) for trade-dress infringement of Pocket Plus’s portable pouch. The district court 1 granted summary judgment to Running Buddy and awarded it a portion of its requested attorney fees. Pocket Plus appeals the summary judgment, and both parties appeal the attorney- fees award. We affirm.

I.

Pocket Plus sells a portable pouch under the trademarked name POCKET PLUS. The pouch is used for carrying small objects and comes in several sizes, all rectangular in shape and all having a vertical profile (i.e., the pouch is taller than it is wide). Attached to its rear is a narrow magnetic flap that allows the pouch to be

1 The Honorable C.J. Williams, United States District Judge for the Northern District of Iowa.

-2- worn on a waistband, around a belt, or hung on handlebars. See Figure 1. Near the pouch’s top edge is a small rectangular tag that includes Pocket Plus’s logo. The tag serves partly as a pull tab to help open the pouch, which can be secured by a Velcro closure.

Figure 1.

Pocket Plus’s owner created the POCKET PLUS because she wanted the ability to carry her belongings even when her clothes did not have pockets. She brought her product to market in 2009 with trade-show appearances, advertising, and promotional materials emphasizing the pouch’s ability to hold beverage bottles, cellphones, and other small items. In her deposition, she testified that the pouch’s vertical design is beneficial for carrying items like tools or beverage bottles. She also testified that the pouch is worn over the waistband “[f]or easy comfort without having a belt” and that “nobody would want to put a lot of bulk inside of their pants.”

Pocket Plus is not alone in the portable-pouch market. Since 2012, Running Buddy has marketed and sold its own pouches under the trademark BUDDY POUCH and related names. Like the POCKET PLUS, Running Buddy’s pouches have magnetic flaps that can be used to attach the pouch to a waistband. The pouches also come with an illustrative “h