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I.A. FRATELLI SAPORITI v. CHARLES CRAIG, LTD.

No. 336, Docket 83-7486.

725 F.2d 18 (1984)

INDUSTRIA ARREDAMENTI FRATELLI SAPORITI, Plaintiff-Appellee, v. CHARLES CRAIG, LTD., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 4, 1984.

Attorney(s) appearing for the Case

Frank J. Colucci, New York City (Eric D. Offner, Angelo Notaro and Robert S. Weisbein, Offner & Kuhn, New York City, on brief), for plaintiff-appellee.

Herbert T. Posner, New York City (Difalco, Amhurst, Smithson, Tannenbaum & Duval, New York City, on brief), for defendant-appellant.

Before KAUFMAN and VAN GRAAFEILAND, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

HAYNSWORTH, Senior Circuit Judge:

Claiming its rather distinctive design of a sofa as an unregistered trademark, an Italian furniture manufacturer sought injunctive relief prohibiting an American manufacturer from marketing sofas of a substantially similar design. The district court granted limited injunctive relief, and the American manufacturer has appealed.

Since we conclude that the design of the sofa was functional, we necessarily conclude that there...

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