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WALLACE INTERN. SILVERSMITH v. GODINGER SILVER ART

No. 1679, Docket 90-7408.

916 F.2d 76 (1990)

WALLACE INTERNATIONAL SILVERSMITHS, INC., Plaintiff-Appellant, v. GODINGER SILVER ART CO., INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 17, 1990.

Attorney(s) appearing for the Case

Jay H. Begler, New York City (Andrew V. Galway, Arlana S. Cohen, Nancy Deckinger, Liddy Sullivan Galway Begler & Peroff, New York City, of counsel), for plaintiff-appellant.

Martin Pavane, New York City (Deirdre A. Nicolle, Schechter, Brucker & Pavane, New York City, of counsel), for defendant-appellee.

Before WINTER, MAHONEY and WALKER, Circuit Judges.

WINTER, Circuit Judge:

Wallace International Silversmiths ("Wallace") appeals from Judge Haight's denial of its motion for a preliminary injunction under Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a) (1988), prohibiting Godinger Silver Art Co., Inc. ("Godinger") from marketing a line of silverware with ornamentation that is substantially similar to Wallace's GRANDE BAROQUE line. Judge Haight held that the GRANDE BAROQUE design is "a functional feature...

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