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FUN-DAMENTAL TOO, LTD. v. GEMMY INDUSTRIES CORP.

No. 490, Docket 96-7489.

111 F.3d 993 (1997)

FUN-DAMENTAL TOO, LTD., Plaintiff-Appellee, v. GEMMY INDUSTRIES CORP.; Kay-Bee Toy & Hobby Shops, Incorporated, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 4, 1997.

Attorney(s) appearing for the Case

Gerard F. Dunne, New York City, for Defendants-Appellants.

Jeffrey L. Eichen, Doylestown, PA (Mark P. Monack, Proskauer Rose Goetz & Mendelsohn, New York City, of counsel), for Plaintiff-Appellee.

Before CARDAMONE, MAHONEY, Circuit Judges, and RESTANI, Judge.

CARDAMONE, Circuit Judge:

This is an appeal in a trade dress infringement case. For the purpose of legal analysis, trade dress is generally broken down into two categories: product configuration, which relates to the design of a product distinct from the package in which it is sold, and product packaging. Among the several issues we have to resolve is whether it is appropriate — when evaluating the inherent distinctiveness of the packaging — to consider...

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