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CICENA LTD. v. COLUMBIA TELECOMMUNICATIONS GROUP

No. 90-1053.

900 F.2d 1546 (1990)

CICENA LTD. and Cicena, Inc., Plaintiffs-Appellees, v. COLUMBIA TELECOMMUNICATIONS GROUP, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 3, 1990.

Attorney(s) appearing for the Case

Richard Z. Lehv, Zelnick & Lehrman, P.C., New York City, argued for plaintiffs-appellees. With him on the brief were Weiss Dawid Fross, Allan Zelnick, Stephen F. Mohr & Glenn Mitchell.

William J. Thomashower, Kaplan, Thomashower & Landau, of New York City, argued for defendant-appellant. With him on the brief was Mark Landau and Eugenia S. Nathanson.

Before RICH and MICHEL, Circuit Judges, and SKELTON, Senior Circuit Judge.

RICH, Circuit Judge.

Columbia Telecommunications Group (CTG) appeals from the September 27, 1989 order of the District Court for the Southern District of New York, Civil Action No. 89 Civ. 6078, preliminarily enjoining CTG from infringing the trade dress of Cicena Ltd.'s and Cicena, Inc.'s (collectively Cicena's) clear plastic neon-lit telephone pursuant to section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a). We vacate and remand.

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