United States Third Circuit
ROSE ART INDUS. INC. v. SWANSON, 98-6489
Where plaintiff seeks protection for a series or line of products or packaging, rather than for the trade dress of a single product, the court first must decide whether there is a "consistent overall look" before considering distinctiveness and likelihood of confusion.
Appellate Information
- Decided 12/14/2000
- Published 12/14/2000
Judges
- Before ROTH and WEIS, Circuit Judges, SHADUR, District Judge.
Court
- United States Third Circuit
Counsel
- For Appellant:
- Roslyn S. Harrison, (Argued), Joseph F. Falgiani, Joan T. Pinaire, Nicholas Albano III, McCarter & English, LLP, Newark, NJ, Attorneys for Appellant.
- For Appellees:
- Kathryn Miller Goldman, (Argued), Donna M.D. Thomas, Astrachan, Gunst, Goldman & Thomas, Baltimore, MD, Attorneys for Appellee.