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TOUGH TRAVELER, LTD. v. OUTBOUND PRODUCTS

No. 1691, Docket 94-9286.

60 F.3d 964 (1995)

TOUGH TRAVELER, LTD., Plaintiff-Appellee, v. OUTBOUND PRODUCTS, Taymor Industries, Ltd., and Taymor Industries, U.S.A., Inc., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 21, 1995.

Attorney(s) appearing for the Case

Paul C. Rapp, Albany, NY (Susan E. Farley, Nicholas Mesiti, Heslin & Rothenberg, Albany, NY, on the brief), for plaintiff-appellee.

Barry G. Magidoff, New York City (Paul J. Sutton, Sutton, Basseches, Magidoff & Amaral, Reid & Priest, New York City, on the brief), for defendants-appellants.

Before VAN GRAAFEILAND, KEARSE, and JACOBS, Circuit Judges.

KEARSE, Circuit Judge:

Defendants Outbound Products et al. (collectively "Outbound") appeal from an order of the United States District Court for the Northern District of New York, Con. G. Cholakis, Judge, in this action brought for trade dress infringement in violation of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (Supp. IV 1992) ("Lanham Act" or "Act"), and state-law unfair-competition principles, granting the motion of plaintiff Tough...

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