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KEENE CORP. v. PARAFLEX INDUSTRIES, INC.

No. 80-2242.

653 F.2d 822 (1981)

KEENE CORPORATION, Appellant, v. PARAFLEX INDUSTRIES, INC., Sim-Kar Lighting Fixtures Co., Inc.

United States Court of Appeals, Third Circuit.

Decided July 9, 1981.

Rehearing and Rehearing Denied August 6, 1981.

Attorney(s) appearing for the Case

Goldberg & Carlin, Newark, N. J., and Anderson, Russell, Kill & Olick, P. C., New York City, for appellant; Nicholas L. Coch (Argued), John E. Daniel, Philip R. Carlin, Newark, N. J., of counsel.

Scarpone & Edelson, P. A., Newark, N. J., for appellees; James A. Scarpone, Newark, N. J. (argued), of counsel.

Before HUNTER, SLOVITER and WISDOM, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 6, 1981.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

We must in this case consider the scope and meaning of the doctrine of aesthetic functionality pursuant to which the manufacturer of a product is deprived of the right to enjoin imitations of the product's design or configuration.

II.

The facts are relatively straightforward. Keene Corporation (Keene), appellant, manufactures...

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