Knitwaves, Inc., Plaintiff-Appellee-Cross-Appellant v. Lollytogs Ltd. (Inc.) D/B/A French Toast, Defendant-Appellant-Cross-Appellee

U.S. Court of Appeals, Second Circuit · Decided 1995-11-13

Cited by 328 later decision(s) in our corpus · see the citation network in Lexace

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From the opinion

OAKES, Senior Circuit Judge: This appeal involves principles of copyright and trade dress as applied to the design of children’s sweaters. Specifically, it involves the evaluation of “substantial similarity” of clothing designs under the Copyright Act; the “inherent distinctiveness” of trade dress under the Lanham Act when the dress involved is not packaging or labeling but a p…

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