Murray Hillster's Profile

"When the subject is knock-offs, I think it has a lot to do with intent... can you honestly look at that CB chairs and *not* think "Eames Management Chair"?"

Technically, the question isn't whether somebody would "recall" or "thinK" the Eames chair, it's whether there is a likelihood that consumers will be confused. Your description is a much lower threshold.

"Intent" is a factor (generally known as "bad faith"), but only insofar as it contributes to the conclusion that consumers are likely to be confused.

Herman Miller Inc. received a trademark registration for the upper portion of the chair in 2006, not including the black leather:
USPTO link: http://tinyurl.com/2xcmm4

Interestingly (to me), they have not sought protection for the leather or the banding, but only the underlying curve of the upper aluminum frame (in the above link, see "Amended Drawing").

Given that narrow protection, it's no wonder that Crate & Barrel can produce these chairs given that the upper frames are relatively distinct (in my non-legal opinion).

For the record, there is almost certainly no copyright or design patent protection for the Eames chair (expired if either ever existed/was sought given that the chair was designed in the '60s).