United States Third Circuit

The district court did not clearly err in finding that plaintiff had failed to show that its pill configuration and color were non-functional and thus not eligible for trade dress protection.

Appellate Information

• Argued 04/08/2003
• Decided 05/23/2003
• Published 05/23/2003

Judges

• Before ALITO, FUENTES, and GREENBERG, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Donald A. Robinson, Robinson & Livelli, Newark, NJ, Marie V. Driscoll, Barbara A. Solomon (argued), Fross, Zelnick, Lehrman & Zissu, New York, NY, for Appellant.


• For Appellees:
  
• Kurt L. Shultz (argued), Winston & Strawn, Chicago, IL, Brian J. McCarthy, Virginia R. Richard, Gregory C. Vamos, Winston & Strawn, Newark, NJ, for Appellee.