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  5. 25 F.Supp.2d 198 (1998)
 

HENRI BENDEL, INC. v. SEARS, ROEBUCK AND CO.

No. 96 Civ. 5241(DC).

25 F.Supp.2d 198 (1998)

HENRI BENDEL, INC., Plaintiff, v. SEARS, ROEBUCK AND CO. and Circle of Beauty, Inc., Defendants.

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

October 29, 1998.

Attorney(s) appearing for the Case

Colucci & Umans by Frank J. Colucci, Courtney Wilson, New York City, for plaintiff.

Fross Zelnick Lehrman & Zissu, P.C. by Glenn Mitchell, Gregory P. Gulia, New York City, for defendants.

MEMORANDUM DECISION

CHIN, District Judge.

In this case, plaintiff Henri Bendel, Inc. ("Bendel's") alleges that its brown and white striped trade dress was infringed by the sale of green and white striped cosmetic bags by defendants Sears, Roebuck and Co. ("Sears") and Circle of Beauty, Inc. ("Circle of Beauty"). Defendants move for summary judgment dismissing the complaint on the ground that Bendel's purported trade dress is not protectable or, alternatively...

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