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LANDSCAPE FORMS, INC. v. COLUMBIA CASCADE CO.

No. 1421, Docket 96-9465.

113 F.3d 373 (1997)

LANDSCAPE FORMS, INC., Plaintiff-Appellee, v. COLUMBIA CASCADE COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 16, 1997.

Attorney(s) appearing for the Case

John Berman, Albertson, N.Y. (Frederick B. Simpson, Ahmuty, Demers & McManus, of counsel), for Defendant-Appellant.

Nicholas Mesiti, Albany, N.Y. (Susan E. Farley, Heslin & Rothenberg, P.C., of counsel), for Plaintiff-Appellee.

Before OAKES, KEARSE and JACOBS, Circuit Judges.

OAKES, Senior Circuit Judge.

This appeal raises the difficult question of under what circumstances the law of trade dress appropriately protects industrial design. Those who would seek monopolistic protection for industrial design, but are unable to obtain a design patent, have had little success under the law of copyright even with the "conceptual separateness" gloss provided by the 1976 Act.1 Given impetus by the Supreme Court's opinion...

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