GURFEIN, Circuit Judge (concurring): I concur in my brother Lumbard’s scholarly opinion, but I wish to comment on the application of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125 (a). I believe that this is the first case in which a federal appellate court has held that there may be a violation of Section 43(a) of the Lanham Act with respect to a co…
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