DURACO PRODUCTS v. JOY PLASTIC ENTERPRISES, LTD.

No. 93-3323.

40 F.3d 1431 (1994)

DURACO PRODUCTS, INC., Appellant, v. JOY PLASTIC ENTERPRISES, LTD., d/b/a Backyard Products; Travis Products, Inc.

United States Court of Appeals, Third Circuit.

Decided November 15, 1994.

As Amended December 16, 1994.


Attorney(s) appearing for the Case

James R. Kyper (argued), Mark R. Leslie, Kirkpatrick & Lockhart, Pittsburgh, PA, for appellant.

Craig A. Markham (argued), Harry D. Martin, Elderkin, Martin, Kelly, Messina & Zamboldi, Erie, PA, for Travis Products, Inc., appellee.

John B. Fessler (argued), Marsh, Spaeder, Baur, Spaeder & Schaaf, W. Patrick Delaney, MacDonald, Illig, Jones & Britton, Erie, PA, for Joy Plastic Enterprises, Ltd., d/b/a Backyard Products, appellee.

Before: BECKER, HUTCHINSON, and COWEN, Circuit Judges.


OPINION OF THE COURT

BECKER, Circuit Judge.

This is a trade dress infringement action brought under section 43(a) of the Lanham Act, 15 U.S.C.A. § 1125(a) (West Supp.1994). Plaintiff Duraco Products, Inc. ("Duraco") appeals from an order of the district court denying its motion for a preliminary injunction against defendants Joy Plastic Enterprises, Ltd. ("Joy"), d/b/a Backyard Products, and Travis Products, Inc. ("Travis"). Duraco, a manufacturer of...

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