RJR FOODS, INC. v. WHITE ROCK CORP.

No. 898, Docket 78-7636.

603 F.2d 1058 (1979)

RJR FOODS, INC., Plaintiff-Appellee, v. WHITE ROCK CORP. and White Rock Products Corp., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 14, 1979.


Attorney(s) appearing for the Case

James G. Foley, New York City (Pennie & Edmonds, George F. Long, III, and Robert T. Scherer, New York City, Hall, McNicol, Hamilton & Clark, Laurence G. Bodkin, Jr., New York City, of counsel), for defendants-appellants.

R. Bradlee Boal, New York City (Cooper, Dunham, Clark, Griffin & Moran, Peter D. Murray and Guy M. Blynn, New York City, of counsel), for plaintiff-appellee.

Before SMITH, OAKES and VAN GRAAFEILAND, Circuit Judges.


VAN GRAAFEILAND, Circuit Judge:

On this appeal we are asked once again to determine how closely the manufacturer of a new product can simulate the trade dress of an established competitive product without being guilty of unfair competition. Defendant appeals from a judgment of the United States District Court for the Southern District of New York, Pierce, J., holding that it had overstepped permissible bounds. We affirm.

Plaintiff, RJR Foods, Inc., is by far...

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