Bonito Boats, Inc. v. Thunder Craft Boats, Inc.

489 U.S. 141 (1989)

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Nature of the Case

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Facts

In September 1976, P developed a hull design for a fiberglass recreational boat which it marketed under the trade name Bonito Boat Model 5VBR. The 5VBR was placed on the market sometime in September 1976. No patent application was ever filed for protection of the utilitarian or design aspects of the hull, or for the process by which the hull was manufactured. The 5VBR was a resounding success and 'a broad interstate market' developed for its sale. In May 1983, the Florida Legislature enacted Fla. Stat. § 559.94 (1987). The statute makes it unlawful to use anyone’s direct molding process without the written permission of P. Damages, injunctive relief, and attorney's fees were made available to 'any person who suffers injury or damage as the result of a violation' of the statute On December 21, 1984, P filed this action against D. D is a Tennessee corporation. P claimed that D violated the Florida statute by using the direct molding process to duplicate the 5VBR fiberglass hull and had knowingly sold such duplicates in violation of the Florida statute. D filed a motion to dismiss arguing that under this Court's decisions in Sears, Roebuck & Co. v. Stiffel Co., 376 U.S. 225 (1964), and Compco Corp. v. Day-Brite Lighting, Inc., 376 U.S. 234 (1964), the Florida statute conflicted with federal patent law and was therefore invalid under the Supremacy Clause of the Federal Constitution. D’s motion was granted and a divided Court of Appeals affirmed the dismissal of P's complaint. The Florida Supreme Court agreed with the lower courts' conclusion that the Florida law impermissibly interfered with the scheme established by the federal patent laws. Three dissenting judges argued that the Florida anti direct molding provision 'does not prohibit the copying of an unpatented item. It prohibits one method of copying; the item remains in the public domain.' The Supreme Court granted certiorari.