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ARLINGTON SPECIALTIES, INC. v. URBAN AID, INC.

No. 14-3416.

847 F.3d 415 (2017)

ARLINGTON SPECIALTIES, INC., Plaintiff-Appellant, v. URBAN AID, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 27, 2017.

Attorney(s) appearing for the Case

Jami A. Gekas , Attorney, Foley & Lardner LLP, Chicago, IL, for Plaintiff-Appellant.

Christopher W. Niro , William L. Niro , Attorneys, Niro Law Group, LLC, Chicago, IL, Philip H. Stillman , Attorney, Stillman & Associates, Miami Beach, FL, for Defendant-Appellee.

Before Flaum, Manion, and Hamilton, Circuit Judges.

This Lanham Act case turns on whether the shape and design of a small bag, modeled after a men's Dopp Kit and used in personal care kits, are functional and therefore not protected as trade dress. Plaintiff sells personal care kits in such a bag. When another personal care kit seller copied plaintiff's bag, plaintiff sued...

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