ROMM ART CREATIONS LTD. v. SIMCHA INTERN., INC.

No. CV 91-4126 (ADS).

786 F.Supp. 1126 (1992)

ROMM ART CREATIONS LTD. and London Contemporary Art, Plaintiffs, v. SIMCHA INTERNATIONAL, INC., Akin International Arts, Inc., H. Douglas Holland and Asher Wainer, Defendants.

United States District Court, E.D. New York.

March 18, 1992.


Attorney(s) appearing for the Case

Schneider, Harris, Harris & Furman, Woodmere, N.Y., Kenneth G. Rothstein, of counsel, for plaintiffs.

Amideo Nicholas Guzzone, Centereach, N.Y., for defendants.


OPINION AND ORDER

SPATT, District Judge.

Contrary to the well-known adage that "imitation is the sincerest form of flattery," in the instant case, imitation has resulted in a charge of trade dress infringement against the defendants. This case involves a rarely-visited area of the law — the interaction of the Lanham Act with the marketing and sale of limited editions and fine art posters based upon the work of an Israeli artist named Tarkay.

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