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VORNADO AIR SYSTEMS v. DURACRAFT CORP.

No. 94-3191.

58 F.3d 1498 (1995)

VORNADO AIR CIRCULATION SYSTEMS, INC., a Kansas corporation, Plaintiff-Appellee, v. DURACRAFT CORPORATION, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 5, 1995.

Attorney(s) appearing for the Case

Edward M. Prince, Cushman, Darby & Cushman, Washington, DC (Richard L. Kirkpatrick and Peter Gowdey, Cushman, Darby & Cushman, Washington, DC; Edward L. Brown, Jr., Wichita, KS; and Steven D. Gough, Todd M. Connell, and Donald N. Peterson II, Kahrs, Nelson, Fanning, Hite & Kellogg, Wichita, KS, with him on the brief), for plaintiff-appellee.

James W. Dabney, Pennie & Edmonds, New York City (Kelly D. Talcott, Carol M. Wilhelm, Michael J. Blum, Pennie & Edmonds, New York City; and Gerald Sawatzky and Jim H. Goering, Foulston & Siefkin, Wichita, KS, with him on the briefs), for defendant-appellant.

Before ANDERSON, Circuit Judge, McWILLIAMS and ALARCON, Senior Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

INTRODUCTION

This case presents an issue of first impression in our circuit concerning the intersection of the Patent Act and the Lanham Trade-Mark Act. We must decide whether a product configuration is entitled to trade dress protection when it is or has been a significant inventive component of an invention covered by a utility patent.

After expiration of any patents or copyrights on an invention, that invention...

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