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I.P. LUND TRADING ApS, KROIN INC. v. KOHLER CO.

Nos. 98-1334, 98-1492.

163 F.3d 27 (1998)

I.P. LUND TRADING ApS and Kroin Inc., Plaintiffs, Appellees, v. KOHLER CO. and Robern, Inc., Defendants, Appellants. I.P. Lund Trading ApS and Kroin Inc., Plaintiffs, Cross-Appellants, v. Kohler Co. and Robern, Inc., Defendants, Cross-Appellees.

United States Court of Appeals, First Circuit.

Decided December 22, 1998.

Attorney(s) appearing for the Case

David H. Gibbs, with whom Cornelius J. Moynihan, John V. Snellings, Jason C. Kravitz, and Peabody & Brown were on briefs, for plaintiffs.

Hugh Latimer, with whom Michael L. Sturm, Karyn K. Ablin, Wiley, Rein & Fielding, Stephen H. Lash, Jager, Smith & Stetler, James R. Kieckhefer, and Kohler Co. were on briefs, for defendants.

Before TORRUELLA, Chief Judge, BOUDIN and LYNCH, Circuit Judges.

LYNCH, Circuit Judge.

This is an appeal from the district court's issuance of a preliminary injunction enjoining defendants Kohler Company and Robern, Inc. from selling the Kohler Falling Water faucet, a faucet resembling plaintiff Lund's VOLA faucet. The VOLA faucet mounts on a wall, has been in the design collection at the Museum of Modern Art, and has a certain cachet among those who enjoy bathrooms and kitchens beautiful. Kohler intended to produce a faucet like...

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