No. 846, Docket 94-7745.

64 F.3d 53 (1995)

FABRICATION ENTERPRISES, INC., Plaintiff-Appellee, v. The HYGENIC CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 22, 1995.

Attorney(s) appearing for the Case

Brendan J. O'Rourke, New York City (Michael T. Mervis, New York City, on the brief; Lauren S. Peterson, New York City, and Thomas W. Maroney, Tarrytown, NY, of counsel), for plaintiff-appellee.

Robert M. Gippin, Akron, OH (Patrick J. Keating and Adam M. Ekonomon, Akron, OH, and R. Mark Goodman, White Plains, NY, of counsel), for defendant-appellant.

Before VAN GRAAFEILAND, Senior Circuit Judge, WINTER, Circuit Judge, and KAPLAN, District Judge.

KAPLAN, District Judge.

The design of a product may serve at least two purposes. It may identify the source of the product, and it can serve a utilitarian purpose. The law of trade dress protects the public against confusion as to the source of a product where the confusion arises from similarity of packaging or design. If trade dress protection of product design goes too far, however, the public may be deprived of the benefits of robust competition by precluding...

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