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PARFUMS GIVENCHY, INC. v. DRUG EMPORIUM, INC.

Nos. 92-56359, 93-55050.

38 F.3d 477 (1994)

PARFUMS GIVENCHY, INC., Plaintiff-Appellee, v. DRUG EMPORIUM, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 21, 1994.

Attorney(s) appearing for the Case

John Borgo and R. Lawrence Bonner, Greer, Homer & Bonner, Miami, FL, for defendant-appellant.

Curtis A. Bradley, Covington & Burling, Washington, DC, for plaintiff-appellee.

Stephen Kurzman, Nixon, Hargrave, Devans & Doyle, Washington, DC, for American Free Trade Ass'n, as amicus curiae.

Diane Heiman, Bethesda, MD, for Nat. Consumers League, as amicus curiae.

Before: TANG, PREGERSON and NOONAN, Circuit Judges.

PREGERSON, Circuit Judge:

I. INTRODUCTION

Drug Emporium, Inc. appeals a permanent injunction granted by the district court on summary judgment in Parfums Givenchy, Inc.'s ("Givenchy USA's") action for copyright infringement under 17 U.S.C. § 602(a). Givenchy USA owns the United States copyright to the box design of Amarige perfume. Givenchy USA brought the instant action after its representatives purchased a bottle of Amarige perfume, in the original...

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