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LIFE INDUS. CORP. v. STAR BRITE DISTRIBUTING, INC.

No. 1644, Docket 93-9151.

31 F.3d 42 (1994)

LIFE INDUSTRIES CORPORATION, Plaintiff-Appellee, v. STAR BRITE DISTRIBUTING, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 19, 1994.

As Amended August 18, 1994.

Attorney(s) appearing for the Case

Murray Schaffer, Mineola, NY (Bauer & Schaffer, of counsel), for plaintiff-appellee.

Kenneth W. Shapiro, Fort Lauderdale, FL (Berger, Shapiro & Davis, P.C., Fort Lauderdale, FL, Moritt, Hock & Hamroff, Hempstead, NY, Sharon I. Feder, of counsel), for defendant-appellant.

Before: LUMBARD, MESKILL, and MINER, Circuit Judges.

LUMBARD, Circuit Judge:

Star Brite Distributing, Inc. appeals a September 30, 1993 judgment of the Eastern District of New York (Wexler, J.), enjoining Star Brite from manufacturing and advertising a boat caulking product in its then-current packaging. The district court found the packaging to infringe the trade dress of the marine-care product line of Life Industries Corp. The Star Brite product, like the Life products, was packaged in a functional tubular...

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