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AMBRIT, INC. v. KRAFT, INC.

No. 85-3609.

805 F.2d 974 (1986)

AMBRIT, INC., f/k/a the Isaly Company, Inc., Plaintiff-Appellee, Cross-Appellant, v. KRAFT, INC., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 10, 1986.

Attorney(s) appearing for the Case

Jerome Gilson, Susan C. Cramer, Gary M. Ropski, Chicago, Ill., Thomas T. Steele, Tampa, Fla., Charles M. Shaffer, Jr., Thomas H. Christopher, Kilpatrick & Cody, Atlanta, Ga., for defendant-appellant, cross-appellee.

Robert M. Kunstadt, Michael C. Stuart, Barry D. Rein, New York City, for plaintiff-appellee, cross-appellant.

Before CLARK, Circuit Judge, HENDERSON, and WISDOM, Senior Circuit Judges.

WISDOM, Senior Circuit Judge:

This appeal presents a variety of questions involving trade dress and trademark rights. The parties are competitors in the ice cream novelty market. The principal question in this controversy is whether the trade dress of Kraft's Polar B'ar infringes the trade dress of Isaly's Klondike bar. The district court answered "Yes" to this question. 619 F.Supp. 983

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