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FREIXENET, S.A. v. ADMIRAL WINE & LIQUOR CO.

Nos. 83-5227, 83-5317.

731 F.2d 148 (1984)

FREIXENET, S.A. and Freixenet USA, Inc., Appellants v. ADMIRAL WINE & LIQUOR CO. d/b/a Admiral-Cattani Wines, Trentacoste Bros. Inc. and Canals & Nubiola, S.A.

United States Court of Appeals, Third Circuit.

Decided March 28, 1984.

Attorney(s) appearing for the Case

Stevan J. Bosses (Argued), Edward E. Vassallo, Claire A. Koegler, Fitzpatrick, Cella, Harper & Scinto, New York City, for appellants.

Maxim H. Waldbaum (Argued), Ethan Horwitz, Adda C. Gogoris, Darby & Darby, P.C., New York City, Arthur D. Grossman, Fox & Fox, Newark, N.J., for appellee, Canals & Nubiola, S.A.

Before GIBBONS and BECKER, Circuit Judges and ATKINS, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge:

Freixenet, S.A. and Freixenet U.S.A., Inc. (Freixenet) appeal from two orders of the District Court in Freixenet's suit against Canals & Nubiola, S.A. (C & N) and others.1 The first order denied a request for a preliminary injunction against C & N's alleged trade dress infringement. The second granted C & N's request for a partial summary judgment on Freixenet's rights...

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