LAINER v. BANDWAGON, INC.

No. CIV. A. 97-11080-PBS.

983 F.Supp. 292 (1997)

Steven D. LAINER d/b/a The Lainer Group, Plaintiff, v. BANDWAGON, INC., Defendant.

United States District Court, D. Massachusetts.

December 1, 1997.


Attorney(s) appearing for the Case

Steven N. Fox, Fox & Associates, P.C., Canton, MA, for Plaintiff.

William E. Hilton, Maurice E. Gauthier, Sibley P. Reppert, Samuels, Gauthier & Stevens, Boston, MA, Sibley P. Reppert, Samuels, Gauthier, Stevens & Reppert, Boston, MA, for Defendant.


MEMORANDUM AND ORDER ON MOTION FOR PRELIMINARY INJUNCTION

SARIS, District Judge.

INTRODUCTION

Plaintiff seeks trade dress protection for the product configuration of a back scratcher. Plaintiff Steven Lainer markets and sells a portable back scratcher with a telescoping handle through his business, The Lainer Group. Defendant Bandwagon, Inc. ("Bandwagon") is prepared to begin selling a virtually identical telescoping back scratcher...

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