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ANTIOCH CO. v. WESTERN TRIMMING CORP.

No. 02-3380.

347 F.3d 150 (2003)

The ANTIOCH COMPANY, Plaintiff-Appellant, v. WESTERN TRIMMING CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 20, 2003.

Attorney(s) appearing for the Case

ARGUED: John B. Pinney, (argued and briefed), GRAYDON, HEAD & RITCHEY, Cincinnati, Ohio, for Appellant. John E. Kelly, KELLY, BAUERSFELD, LOWRY & KELLY, Woodland Hills, California, for Appellee.

ON BRIEF: John B. Pinney, GRAYDON, HEAD & RITCHEY, Cincinnati, Ohio, Thomas W. Flynn, (briefed), WOOD, HERRON & EVANS, Cincinnati, Ohio, Steven D.A. McCarthy, (briefed), BIEBEL & FRENCH, Dayton, Ohio, for Plaintiff-Appellant.

John E. Kelly, John D. Bauersfeld, KELLY, BAUERSFELD, LOWRY & KELLY, Woodland Hills, California, Charles J. Faruki, (briefed), Gerald S. Sharkey, (briefed), FARUKI, IRELAND & COX, Dayton, Ohio, for Defendant-Appellee.

Before: MOORE and GILMAN, Circuit Judges; MILLS, District Judge.

Pursuant to Sixth Circuit Rule 206

OPINION

RONALD LEE GILMAN, Circuit Judge.

This appeal involves the question of whether, as a matter of law, the Antioch Company's scrapbook album configuration is functional and therefore ineligible for trade dress protection. By seeking trade dress protection for its album design, Antioch is trying to bar Western Trimming Corporation (Westrim) from selling "knock-off" copies of the album format under the Westrim...

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