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KNITWAVES, INC. v. LOLLYTOGS LTD. (INC.)

Nos. 1208, 1392, Dockets 94-7968, 94-9024.

71 F.3d 996 (1995)

KNITWAVES, INC., Plaintiff-Appellee-Cross-Appellant, v. LOLLYTOGS LTD. (INC.) d/b/a French Toast, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 13, 1995.

Attorney(s) appearing for the Case

Gerard F. Dunne, New York City (Law Offices of Gerard F. Dunne, P.C., of counsel), for Defendant-Appellant-Cross-Appellee.

Neil M. Zipkin, New York City (Neil S. Goldstein, Amster, Rothstein & Ebenstein, of counsel), for Plaintiff-Appellee-Cross-Appellant.

Before: OAKES, KEARSE and LEVAL, Circuit Judges.

OAKES, Senior Circuit Judge:

This appeal involves principles of copyright and trade dress as applied to the design of children's sweaters. Specifically, it involves the evaluation of "substantial similarity" of clothing designs under the Copyright Act; the "inherent distinctiveness" of trade dress under the Lanham Act when the dress involved is not packaging or labeling but a product's features; and various issues involving remedies, particularly the award of attorney...

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