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STORMY CLIME LTD. v. PROGROUP, INC.

No. 246, Docket 86-7576.

809 F.2d 971 (1987)

STORMY CLIME LTD., Plaintiff-Appellee, v. PROGROUP, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 23, 1987.

Attorney(s) appearing for the Case

Richard H. Evans, Cincinnati, Ohio (Wood Herron & Evans, Cincinnati, Ohio; Thomas G. Gallatin, Mudge Rose Guthrie Alexander & Ferdon, New York City, on the brief), for defendant-appellant.

James M. Rhodes, Jr., New York City (Hopgood, Calimafde, Kalil, Blaustein & Judlowe, New York City, on the brief), for plaintiff-appellee.

Before KAUFMAN, NEWMAN, and PRATT, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal concerns the application of the functionality defense in a trade dress infringement suit under section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1982), in which a manufacturer alleges that a competitor improperly copied the overall design of its product. The issue arises on an appeal by defendant-appellant ProGroup, Inc. from an order of the District Court for the Southern District of New York (Louis L. Stanton, Judge...

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