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CHRYSLER CORP. v. SILVA

Nos. 95-1926, 95-1927 and 96-1231.

118 F.3d 56 (1997)

CHRYSLER CORPORATION, Plaintiff, Appellant, v. John C. SILVA, JR., d/b/a J.C. Silva Designs, Defendant, Appellee, CHRYSLER CORPORATION, Plaintiff, Appellee, v. John C. SILVA, JR., d/b/a J.C. Silva Designs, Defendant, Appellant, CHRYSLER CORPORATION, Plaintiff, Appellant, v. John C. SILVA, Jr., d/b/a J.C. Silva Designs, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 9, 1997.

Attorney(s) appearing for the Case

Jerre B. Swann, Atlanta, GA, with whom Kilpatrick & Cody, Robert D. Cultice, Goldstein & Manello, Boston, MA, Eric M. Dobrusin, and Harness, Dickey & Pierce, Troy, MI, were on brief, for Chrysler Corporation.

Anthony M. Fredella with whom Fredella & Wheeler, Sommerville, MA, was on brief, for John C. Silva, Jr.

Before CYR, Circuit Judge, ALDRICH and CAMPBELL, Senior Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

This is an unusual case that goes back a long while, including a four year history prior to suit. Plaintiff Chrysler Corporation ("Chrysler") filed suit in the Massachusetts District Court in July 1991, under the Lanham Act, 15 U.S.C. §§ 1051 et seq., for trademark infringement, specifically trade dress, against John C. Silva, Jr. ("Silva"), and a number of other individual defendants who have settled out. At...

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