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TOUGH TRAVELER, LTD. v. OUTBOUND PRODUCTS

No. 94-CV-0449 (LEK/RWS).

989 F.Supp. 203 (1997)

TOUGH TRAVELER, LTD., Plaintiff, v. OUTBOUND PRODUCTS, Taymor Industries U.S.A., Inc., and Taymor Industries, Ltd., Defendants.

United States District Court, N.D. New York.

December 1, 1997.

Attorney(s) appearing for the Case

Honen, Wood Law Firm, Albany, NY, Richard E. Honen, Charles R. Hyslop, of counsel, Cohen, Dax Law Firm, Albany, NY, Paul R. Rapp, of counsel, for plaintiff.

Gleason, Dunn Law Firm, Albany, NY, Mark T. Walsh, of counsel, Sutton, Basseches Law Firm, New York City, Barry G. Magidoff, of counsel, for defendants.

MEMORANDUM-DECISION AND ORDER

KAHN, District Judge.

I. Introduction

Plaintiff, Tough Traveler, Ltd., designs and manufactures child carriers — essentially a backpack-type apparatus for carrying children. On April 7, 1994, plaintiff filed a complaint, alleging claims for infringement of trade dress under § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a), and unfair competition under New York common law. Specifically,...

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