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PACO RABANNE ETC. v. NORCO ENTERPRISES, INC.

No. 982, Docket 82-7099.

680 F.2d 891 (1982)

PACO RABANNE PARFUMS, S.A., Appellant, v. NORCO ENTERPRISES, INC., Appellee.

United States Court of Appeals, Second Circuit.

Decided June 1, 1982.

Attorney(s) appearing for the Case

Robert G. Sugarman, Weil Gotshal & Manges, New York City (Lauren W. Field, New York City, of counsel), for appellant.

Darrell J. Conway, Anthony K. Dilimetin, P.C., New York City (Anthony K. Dilimetin, New York City, of counsel), for appellee.

Before LUMBARD and OAKES, Circuit Judges, and FRIEDMAN, Chief Judge, United States Court of Claims.

OAKES, Circuit Judge:

This appeal is by a manufacturer of men's toilet articles who sought to enjoin an imitative competitor in the same field — imitative in reference to "trade dress" or packaging. The United States District Court for the Eastern District of New York, George C. Pratt, Judge, while having "no doubt" that the packaging of Norco Enterprises, Inc. (Norco), was modeled after that of Paco Rabanne Parfums, S.A. (Paco Rabanne), nevertheless refused...

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