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DORR-OLIVER, INC. v. FLUID-QUIP, INC.

No. 95-4097.

94 F.3d 376 (1996)

DORR-OLIVER, INCORPORATED, Plaintiff-Appellee, v. FLUID-QUIP, INCORPORATED and Andrew Franko, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 29, 1996.

Attorney(s) appearing for the Case

Andrew L. Tiajoloff, Edward P. Kelly (argued), John E. Lynch, Felfe & Lynch, New York City, William T. Rifkin, Mary Spalding Burns, Rockey, Rifkin & Ryther, Chicago, IL, for Plaintiff-Appellee.

Patricia S. Smart, Chicago, IL, John Bostjancich, Smart & Bostjancich, Chicago, IL, Bruce E. Peacock, Steven McCarthy, Thomas W. Flynn (argued), Nicole D. Vickroy, Biebel & French, Dayton, OH, for Defendants-Appellants.

Before BAUER, ESCHBACH, and FLAUM, Circuit Judges.

FLAUM, Circuit Judge.

Plaintiff Dorr-Oliver, Inc. ("Dorr-Oliver") filed suit in district court, claiming that defendants Fluid-Quip, Inc. ("Fluid-Quip"), and its president and majority stockholder, Andrew Franko, copied the trade dress of an industrial machine sold by Dorr-Oliver, in violation of the Lanham Act, 15 U.S.C. § 1051, et seq., and various state law provisions. After a bench trial, the district court ruled that Dorr-Oliver had established the...

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