United States Sixth Circuit

In a suit between two clothiers, alleging "trade dress" infringement under Section 43(a) of the Lanham Act, where plaintiff's clothing designs and in-store presentations were found to be legally functional non-protectable trade dress, and plaintiff could not possibly have carried its burden of proving that defendant's catalog was confusingly similar to the protectable trade dress of its catalog, defendant was entitled to summary judgement.

Appellate Information

• Argued 12/07/2000
• Decided 02/15/2002
• Published 02/15/2002

Judges

• Before JONES, BOGGS, and SILER, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Melvin D. Weinstein (briefed), Kegler, Brown, Hill & Ritter, Columbus, Ohio, Frank J. Colucci (argued and briefed), Colucci & Umans, New York, New York, for Plaintiff-Appellant.


• For Appellees:
  
• Robert G. Sugarman (argued and briefed), Lynda M. Braun (briefed), Weil, Gotshal & Manges, New York, New York, Joel Robert Chambers, Wood, Herron & Evans, Cincinnati, OH, for Defendant-Appellee.