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FORSCHNER GROUP, INC. v. ARROW TRADING CO. INC.

No. 1371, Docket 93-9155.

30 F.3d 348 (1994)

The FORSCHNER GROUP, INC. and Swiss Army Brands, Ltd., Plaintiffs-Appellees, v. ARROW TRADING CO. INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 22, 1994.

Attorney(s) appearing for the Case

Karen P. Clancy, New York City (Oliver P. Howes, Jr., Nims, Howes, Collison, Hansen & Lackert, of counsel), for plaintiffs-appellees.

Joseph H. Lessem, New York City (Louis S. Ederer, Paul R. Levenson, Cowan, Liebowitz & Latman, of counsel), for defendant-appellant.

Before: ALTIMARI, McLAUGHLIN and JACOBS, Circuit Judges.

JACOBS, Circuit Judge.

The phrase "Swiss Army knife" has never enjoyed trademark protection. This appeal considers chiefly whether that phrase is descriptive of geographic origin or product quality, and therefore protectible under the false advertising provision of the Lanham Act.

Victorinox Cutlery Company ("Victorinox") of Switzerland has manufactured multifunction pocketknives since 1892. Another Swiss firm, Wenger, S.A. ("Wenger"), has manufactured multifunction...

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