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GEORGE BASCH CO., INC. v. BLUE CORAL, INC.

Nos. 1122, 1304, Dockets 91-9212, 91-9214.

968 F.2d 1532 (1992)

The GEORGE BASCH CO., INC., Plaintiff-Appellee-Cross-Appellant, v. BLUE CORAL, INC., Simoniz Canada, Ltd., and Michael Moshontz, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 30, 1992.

Attorney(s) appearing for the Case

Frank J. Colucci, New York City (Colucci & Umans), for plaintiff-appellee-cross-appellant.

Louis A. Colombo, Cleveland, Ohio (R. Scott Keller, Michael K. Farrell, Baker & Hostetler; Walter, Conston, Alexander & Green, New York City, of counsel), for defendants-appellants-cross-appellees.

Before: OAKES, Chief Judge, and KEARSE and WALKER, Circuit Judges.

WALKER, Circuit Judge:

Along with several issues regarding the particulars of injunctive relief, this case presents the general question of whether, in an action for trade dress infringement, a plaintiff may recover a defendant's profits without establishing that the defendant engaged in deliberately deceptive conduct. The district court concluded that bad faith was not a necessary predicate for an accounting. We disagree...

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