RACHEL v. BANANA REPUBLIC, INC.

Nos. 86-1901, 86-2764.

831 F.2d 1503 (1987)

Edmund A. RACHEL, aka Peter Rachel, d/b/a Wildlife Interiors, Plaintiff-Appellant, v. BANANA REPUBLIC, INC., Fisher Development, Inc., and the Gap, Inc., Defendants/Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 9, 1987.


Attorney(s) appearing for the Case

Limbach, Limbach & Sutton, John P. Sutton and Michael E. Dergosits, San Francisco, Cal., for plaintiff-appellant.

Flehr, Hohbach, Test, Albritton & Herbert, Richard E. Backus and Richard P. Doyle, Jr., San Francisco, Cal., for defendants-appellees.

Before CHOY, ALARCON and O'SCANNLAIN, Circuit Judges.


O'SCANNLAIN, Circuit Judge:

Peter Rachel, a producer of realistic reproductions of jungle animals, brought this action against Banana Republic, Fisher Development, and The Gap for alleged trade dress and copyright infringement. The district court granted summary judgment against Rachel on his copyright claim, and, following Rachel's submission of evidence, directed a verdict against him on the trade dress claim. The court also dismissed The

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